On Friday, December 4, 2015, the Delaware Supreme Court issued an order affirming the $6,518,000 jury verdict obtained by Cooch and Taylor attorneys Christopher Lee and Blake Bennett on behalf of their client Professional Investigating and Consulting Agency (“PICA”) in October of 2014, against Hewlett Packard Co.
PICA initially sued HP in the Superior Court’s CCLD for misappropriation of trade secrets, breach of the duty of good faith and fair dealing, defamation and a number of related claims in June of 2012. After over two years of litigation, the case was tried before a jury of Delawareans over the course of three weeks in October of 2014. The jury found HP liable for misappropriating several of PICA’s trade secrets, breaching the duty of good faith and fair dealing and defaming PICA. Additionally, the jury found that HP’s misappropriation of trade secrets was both willful and malicious, and as a result, Judge Mary M. Johnston awarded PICA 75% of its attorney’s fees. Judge Johnston also found that HP had engaged in bad faith litigation tactics and sanctioned them for such.
HP appealed to the Delaware Supreme Court on June 30, 2015 and PICA responded and cross-appealed on July 14, 2015. Oral argument was held on December 2, 2015. Blake Bennett argued on behalf of PICA and Jeff Thomas of Gibson, Dunn and Crutcher argued on behalf of HP.
The Delaware Supreme Court issued an order affirming the Superior Court’s verdict and post trial rulings in less than 48 hours.
You can watch the oral argument here.