· 7/6/1984
Whittaker Corporation and Dynasciences Corporation v. Execuair Corporation, Emc Manufacturing Company, Inc., and Laurence S. Manhan
Citations
- 736 F.2d 1341
- 222 U.S.P.Q. (BNA) 961
- 39 Fed. R. Serv. 2d 619
- 1984 U.S. App. LEXIS 20762
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that even the old requirement of appreciable harm was satisfied at the time the defendant, a competitor of plaintiff, acquired plaintiffs alleged trade- secrets
- explaining that a party may be prejudice when expanding its “existing practices” because it “incurfs] additional potential liability”
- holding “[t]he purpose of a discovery cutoff date is to protect the parties from a continuing burden of producing evidence and to assure them adequate time to prepare immediately before trial”
- finding prejudice where a defendant incurred potential liability because of the plaintiffs “failure to take prompt action”
- defendant’s investments in parts and inventory to expand its existing business was evidence of prejudice for purposes of laches
- “Legal arguments normally may not be raised 1 for the first time on appeal . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kilkenny, Hug, Boochever
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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