One Souce Technology, LLC v. DiFilippo

Case Summary: 10-cv-860

This set of videos presents a full jury trial of a breach of employment contract claim related to the misappropriation of trade secrets and confidential information regarding a computer program used for employment background searches.

On April 22, 2010, plaintiff One Source Technology, LLC filed a complaint for money damages, declaratory judgment, and injunctive relief in the U.S. District Court for the Northern District of Ohio against defendant Robert DiFilippo arising out of allegations that defendant obtained confidential and proprietary information while working for plaintiff which he subsequently used to attempt to obtain a patent of his own. The complaint alleged claims for violations under numerous federal and state statutes along with a number of common law claims including unfair competition, breach of contract, conversion, unjust enrichment, breach of the duty of loyalty, and breach of fiduciary duty. Defendant denied the allegations in the complaint and filed a counterclaim asking for, among other things, the court to declare him the owner of the patent.

A 5 day jury trial was held. After hearing all testimony, the court dismissed all but three of the plaintiff’s claims and the defendant’s counterclaim. The jury returned a verdict for plaintiff in the amount of $10 on the breach of contract claim and a verdict for defendant on the claim for violation of the Ohio Uniform Trade Secrets Act.

The remaining claim was for the court to declare One Source to be the owner of the patent. On August 13, 2012, the Court declared One Source to be the owner of the patent and denied attorney’s fees to both parties. Both parties have appealed the court’s judgment to the 8th Circuit Court of Appeals.

Case Highlights

• Complaint filed 4/22/10 [Doc #1]
• Answer filed 6/21/10 [Doc #6]
• Order denying defendant's motion for summary judgment filed 12/07/11 [Doc #38]
• First Amended Complaint filed 3/23/12 [Doc #64]
• Order denying plaintiff's motion for partial summary judgment filed 3/23/12 [Doc #65]
• Answer and counterclaim filed 4/2/12 [Doc #67]
• Jury Trial 4/16/12-4/20/12

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.