Nmotion, Inc. v. Environmental Tectonics Corp.

MEMORANDUM **

Plaintiff nMotion, Inc. appeals the district court’s summary judgment in favor of Environmental Tectonics Corp. and its sister company ETC-PZL Aerospace Industries, SP (together “ETC”) on its breach of contract and unfair competition claims. Because the facts and circumstances of this case are well-known to the parties, we need not recite them here. In short, nMotion alleges that ETC stole its idea to acquire flight simulation game software and use it to enhance its existing flight simulation software and create new themed entertainment products.

We first address nMotion’s two breach of contract claims. During the course of business meetings between ETC and nMotion, ETC signed two non-disclosure agreements at nMotion’s request. The non-disclosure agreements prohibited ETC from disclosing or using “Confidential Information” conveyed by nMotion.

nMotion contends that ETC breached the non-disclosure agreements because it used “Confidential Information” when it decided to pursue nMotion’s ideas in the flight simulator arena. ETC responds that any information it used was publicly disclosed in nMotion’s business proposal, and was therefore not subject to the…