McDermott Defeats Trade Secret Claims Over Memory Technology


Fabio Marino and Russell Hayman led the McDermott team that successfully defended Canadian memory storage company Diablo Technologies against charges of trade secret theft in a two-week trial that Mr. Marino called a « bet-the-company situation. » McDermott argued, in Mr. Marino’s words, that “the only overlap between the two products [at issue] was that they both use a memory module that fits into a slot.” The jury agreed, rejecting eight counts of trade secret misappropriation because the product information itself wasn’t a trade secret.