Engineering Network International, Inc. v. Lucent Technologies, Inc.

MEMORANDUM **

Engineering Network International, Inc. (ENI) appeals the district court’s award of summary judgment entered in favor of Lucent Technologies, Inc. (Lucent) on ENI’s claims against Lucent for tortious interference with contractual relationship or business expectancy, misappropriation of trade secrets, and unfair competition. These claims are all related to an alleged employment agreement between ENI and a third party. ENI also challenges the grant of Lucent’s motion to withdraw its deemed admissions.

*722 1. ENI failed to raise a material question of fact regarding whether there was an enforceable contract, and specifically whether there was mutual assent to all essential terms of the proposed employment agreement. See Kinney v. Cook, 130 Wash.App. 436 , 123 P.3d 508, 513 (2005). The June 1 e-mail from Saeid Danesh establishes that, as of June 1, the parties were still negotiating the material terms of the contract.

2. In view of the absence of a contract, ENI failed to raise a material question of fact regarding intentional interference with a contractual relationship. See Eugster v. Spokane, 121 Wash.App. 799 , 91 P.3d 117, 123 (2004).

3. As the only business…