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Mayer Brown litigators secure $18.1 million award for Faiveley Entities in trade secret misappropriation case

5 July 2011

Mayer Brown, a leading global law firm, secured a jury verdict of $18.1 million plus interest in compensatory damages for Faiveley Transport U.S.A., Inc., Faiveley Transport Nordic AB, Faiveley Transport Amiens S.A.S., and Ellcon National, Inc. (collectively, the “Faiveley Entities”) from defendant Wabtec Corporation in a case in which the Faiveley Entities successfully alleged trade secret misappropriation, unjust enrichment and unfair competition by Wabtec. 

The jury’s award, which followed a week-long trial in the United States District Court for the Southern District of New York (the New York Court), was for both past and future damages, plus interest to be determined by the New York Court. It ranks as one of the highest recorded damage awards in New York courts for trade secret misappropriation.

The verdict is the most recent positive outcome for the Faiveley Entities in the case that commenced on May 14, 2010 when the Faiveley Entities filed a complaint in the New York Court asserting claims for, among other things, trade secret misappropriation relating to its trade secrets in manufacturing drawings necessary to build certain train brake products.  By a decision dated November 29, 2010, the New York Court denied Wabtec’s various motion to dismiss and ruled that the Faiveley Entities could properly assert their claims in New York federal court. 

On May 13, 2011, the New York Court issued an Opinion and Order granting summary judgment in favor of the Faiveley Entities and finding Wabtec liable, as a matter of law, for trade secret misappropriation, unjust enrichment, and unfair competition.  In its Opinion and Order, the New York Court found that Wabtec had misappropriated Faiveley’s trade secrets in certain manufacturing drawings necessary to manufacture and build the brake products in question. 

The Faiveley Entities were represented in the trial by a Mayer Brown team from the firm’s New York office led by Intellectual Property practice co-leader A. John P. Mancini, Intellectual Property associate Vanessa M. Biondo.

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