Comet Technologies USA Inc. v. XP Power LLC

I. BACKGROUND

27 A detailed history of this case has been recounted in other orders, and so the court summarizes here only those facts necessary required to assess the propriety of an injunction. At issue at trial were four alleged Comet trade secrets: (1) Trade Secret D: Da Vinci RF Generator Control, Digital Measurement, and Software; (2) Trade Secret E: Next Generation RF Matching Network; (3) Trade Secret L: Kiyo Matching Network; and (4) Trade Secret S: AMAT Matching Network. The jury found that all four alleged trade secrets were, in fact, trade secrets. It found that Trade Secrets D and E were misappropriated, causing damage to Comet. With respect to Trade Secret L, the Jury found that it was used or acquired through improper means but that that use was not a substantial factor in causing damages. ECF 406. However, with respect to Trade Secret S, the jury found that it was not used or acquired by improper means. ECF 406. This suggests either that the jury credited XP’s argument that a competitor company, Applied Material, had some intellectual property rights to Trade Secret S under the Global Supply Agreement between…