GigOptix Inc of San Jose, CA, USA (a fabless supplier of analog semiconductor and optical components enabling high-speed end-to-end information streaming over optical fiber and wireless networks) says that the Superior Court of Santa Clara County, California has denied its extraordinary request to enjoin defendants M/A-COM Technology Solutions Inc, its subsidiary Optomai Inc, and two of its employees who were former engineers at GigOptix, from using misappropriated trade secrets.
GigOptix previously announced that it has conducted forensic and other discovery to support its lawsuit for misappropriation of trade secrets. The firm also brought a motion for preliminary injunction, which the Court heard on 13 September 2012. It is not necessary that such motions be filed in trade secret misappropriation cases, and the Court’s denial of the request for an injunction does not have any impact on the strength of GigOptix’ case against the defendants, says the firm.
The Court did not address the merits of GigOptix’ claims against the defendants in denying the motion. While the Court did not provide its reasoning for denial of the motion, the Court did say that:
“[a] party seeking a preliminary injunction ‘ordinarily is required to present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits.”
GigOptix says that it remains confident that it has strong evidence supporting its claim for misappropriation of trade secrets, and looks forward to putting the evidence regarding the conduct and actions of the defendants before a jury and judge in “an adjudication of the merits” at trial. A date for the trial has not yet been set.
