On an interlocutory appeal from the Southern District of Texas, the Fifth Circuit affirmed that court’s grant of preliminary injunction against the former sales partner of a dietary supplements manufacturer.
Plaintiff Daniels Health Sciences (“DHS”) had “compiled a distilled version of the science and research behind [its seaweed-based supplement] Provasca into a PowerPoint presentation titled ‘The Path to Provasca.'” It shared this information with its marketing partner, Vascular Health Sciences (“VHS”). Despite the fact that DHS and VHS were led by brothers, this marketing relationship soured, and VHS allegedly relied on DHS’s compiled research to develop and market a competing product.
The Fifth Circuit held that the grant of preliminary injunction was proper on DHS’s breach of confidentiality agreement and trade secret misappropriation claims. The court rejected the defendant’s argument that no evidence of confidential information, or of the existence of a trade secret, had been presented. The court called these distinct arguments “largely repetitive,” but analyzed them under the parties’ contractual definition, and Texas trade secret law (which adopts the Restatement) respectively.