Sunrich Food Group, Inc. v. Pacific Food of Oregon, Inc.

MEMORANDUM *

Pacific Foods of Oregon, Inc. (“Pacific”) appeals from a judgment following a jury *747 trial in favor of Sunrich Food Group, Inc. (“Sunrich”) on Sunrich’s claims of misappropriation of trade secrets and breach of contract. Sunrich cross-appeals the district court’s award of attorneys’ fees, which was substantially lower than the amount requested by Sunrich. In each appeal, we affirm in part, reverse in part, and remand.

Appeal No. 05-35152:

I. Misappropriation of Trade Secrets

A. Denial of Pacific’s Motion for Summary Judgment

Although Pacific argues that the district court erred by denying its motion for summary judgment on Sunrich’s misappropriation of trade secrets claim, a denial of summary judgment is not a final order and is not appealable, unless coupled with a grant of summary judgment to the other party. United States v. Alameda Gateway, Ltd., 213 F.3d 1161, 1164 (9th Cir.2000); Lum v. Honolulu, 963 F.2d 1167, 1170 (9th Cir.1992).

B. Pacific’s Motion for Judgment as a Matter of Law

Pacific concedes that Sunrich’s pricing and margin information (i.e., Pacific’s price to Sunrich for manufacturing and packing its Soy-Um and Riee-Um products and Sunrich’s…