Rent Information Technology, Inc. v. Home Depot U.S.A, Inc.

MEMORANDUM *

Rent Information Technology, Inc. (Rent IT) appeals a summary judgment in favor of The Home Depot, U.S.A., Inc. (The Home Depot) in this case which arose out of a potential software development deal. Because the facts are familiar to the parties, we do not recount them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Applying Georgia law, we affirm in part, reverse in part, and remand.

I. Breach of contract

Viewing the evidence in the light most favorable to Rent IT, genuine issues of material fact remain regarding whether the business requirements drafted by Rent IT for The Home Depot constitute Rent IT’s “Confidential Information,” as defined in the parties’ Mutual Non-Disclosure Agreement. See Thomas v. City of Beaverton, 379 F.3d 802, 807 (9th Cir.2004) (stating that we review a grant of summary judgment de novo and construe all reasonable inferences drawn from the record in the light most favorable to the non-moving party). Genuine issues of material fact also remain regarding whether The Home Depot violated the Mutual NonDisclosure Agreement by disclosing the business requirements to third parties or using the business requirements to up *558 grade…