Project Description

Data Center Design Trade Secret Violations (Various US and European venues)

This matter involves allegations of breach of trade secret confidentiality by a European plaintiff firm involved in the design and construction of warehouse-scale data centers. The plaintiff complaint alleges several defendants – including Facebook and Emerson, breached confidentiality agreements concerning design and construction processes they alleged to be trade secrets including, but not limited to: modular components utilized therein, HVAC air handling systems, temperature and humidity control systems, as well as the method of delivery of the data center. I represented Emerson, one of the major defendants in this international matter with venue in California. ACS researched prior art with respect to the “Reasonable Ascertainability” of plaintiff’s alleged trade secrets. In addition to preparation of an expert report that sought to prove the claimed trade secrets and combinations of trade secrets were both generally known and “readily ascertainable” to practitioners of the art, ACS prepared a rebuttal report. The rebuttal report sought to show that plaintiff’s expert’s opinions as to the validity of trade secrets lacked merit, in that the subject matter was well documented in trade journals, reference books, or other publications readily available to persons in the design and construction industry. Claims for damages were in the nine-figure range. Provided deposition and extensive preparation for testimony at trial. Trial completed, potentially under appeal.