Gordon & Rees Dallas partner Andrew Wallace and senior counsel Joshua Martin secured a voluntary dismissal of a patent-infringement and trade-secret misappropriation case.
Gordon & Rees’s clients, two geotechnical engineering companies that service the greater Dallas-Fort Worth region, were sued in United States District Court for the Eastern District of Texas. Plaintiff alleged that Gordon & Rees’s clients infringed on their process patents for performing geotechnical resistivity testing. After Gordon & Rees filed a 12(b)(6) motion to dismiss Plaintiff’s complaint, Plaintiff moved to amend its lawsuit to assert trade-secret misappropriation claims under Texas state law. Gordon & Rees filed an opposition to Plaintiff’s motion for leave to amend, arguing that leave should be denied because the proposed amendment was futile in light of Defendants’ outstanding motion to dismiss.
While awaiting a ruling from the court, Gordon & Rees pursued an aggressive discovery and deposition strategy. After Gordon & Rees rejected Plaintiff’s offer to dismiss its suit in exchange for an agreement by Defendants not to compete against it, Plaintiff voluntarily dismissed all claims against Defendants.