Norbrook Labs. Ltd. v. G.C. Hanford Mfg. Co., 2004 U.S. Dist. LEXIS 5868 (N.D.N.Y. 2004)
Norbrook Laboratories, represented by Menter, Rudin & Trivelpiece, P.C., brought an action in federal court seeking injunctive and incidental monetary relief based upon claims of unfair competition and misappropriation of trade secrets in the veterinary pharmaceutical industry. The defendant hired a scientist that previously worked for Norbrook and was the subject of binding confidentiality and non competition agreements as held by a court in the United Kingdom. As injunctive relief was sought upon the commencement of the action, discovery was undertaken on a fast track and an evidentiary hearing on the motion for a preliminary injunction was conducted over approximately eight days. The Court entered a preliminary injunction against the defendant, and the defendant's immediate appeal of injunction was rejected by the Second Circuit. The parties agreed to complete the "trial" of the matter with additional days of testimony and the entire record was submitted to the trial court for a final decision. As the preliminary injunction continued while the matter was pending decision, upon the expiration of the time period equal to length of the injunction sought by Norbrook, the action was dismissed by stipulation and Norbrook's bond and surety were released. Mitchell J. Katz represented Norbrook Laboratories.
