Legal Opinion

Storagecraft Technology Corp. v. Kirby

Court of Appeals for the Tenth Circuit

Decided March 11, 2014No. 12-4182PublishedCited by 21 opinions

1Opinion of the Court

GORSUCH, Circuit Judge.

James Kirby says the jury’s award against him is too much. True, he helped start and served as a director of Storage-Craft, a computer software company. True, after a falling out with his colleagues he stole the computer source code on which the company’s products depend. True, he shared the source code with NetJapan, a rival company that quickly produced a competing software product much like StorageCraft’s. But the jury’s $2.92 million trade secret misappropriation award is still too much. Too much, Mr. Kirby says, because he never used the secret for his own personal…

2Cases cited24 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1970
  4. Rite-Hite Corp. v. Kelley Co.Court of Appeals for the Federal Circuit · 1995
  5. Weisgram v. Marley Co.Supreme Court of the United States · 2000

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3Cited by21 opinions

  1. Oakwood Laboratories LLC v. Bagavathikanun ThanooCourt of Appeals for the Third Circuit · 2021
  2. Andrea Sardis v. Overhead Door CorporationCourt of Appeals for the Fourth Circuit · 2021
  3. Moya v. GarciaCourt of Appeals for the Tenth Circuit · 2018
  4. Adamscheck v. American Family Mutual InsuranceCourt of Appeals for the Tenth Circuit · 2016
  5. United States v. SmithCourt of Appeals for the Tenth Circuit · 2014

16 more not listed; retrieve them via the Exa API.

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