Boeing convinces US judge to overturn $72 mln trade-secrets verdict
By Blake Brittain
Aug 14 (Reuters) -A federal judge in Seattle on Wednesday threw out a jury's $72 million verdict against Boeing BA.N in a trade secrets lawsuit brought by electric-aircraft startup Zunum Aero.
U.S. District Judge James Robart said that Zunum's win could not stand because it had not shown that the information Boeing allegedly misused was eligible for trade-secret protection.
Spokespeople and attorneys for Boeing and Zunum did not immediately respond to requests for comment on the decision.
Seattle-area startup Zunum was founded in 2013 to develop small electric commuter aircraft that can travel up to 1,500 miles. Boeing's venture capital arm invested $5 million in Zunum in 2017.
Zunum said in its 2020 lawsuit that it planned to begin selling its aircraft in 2022 until it was "forced to halt its development program due to Boeing-caused capital starvation." The complaint said that Boeing developed its own hybrid commuter aircraft using Zunum's trade secrets.
A federal jury in May awarded Zunum nearly $81.2 million from Boeing for trade secret theft and $11.6 for tortious interference, but reduced the total award to $72 million based on damages that Zunum could have mitigated. Zunum asked the court in June to multiply the award based on Boeing's alleged misconduct, while Boeing asked to overturn the verdict.
Robart said on Wednesday that the award was unjustified because Zunum had not sufficiently identified its secrets or demonstrated that they derived value from being kept secret.
The case is Zunum Aero Inc v. Boeing Co, U.S. District Court for the Western District of Washington, No. 2:21-cv-00896.
For Zunum: Scott Danner and Vincent Levy of Holwell Shuster & Goldberg
For Boeing: John Hueston, Moez Kaba and Yegor Fursevich of Hueston Hennigan; David Perez and Madeline Swan of Perkins Coie
Read more:
Boeing hit with $72 mln verdict in EV aircraft trade secrets case
Boeing should pay more than $300 mln after US verdict, EV aircraft maker says
Reporting by Blake Brittain in Washington
Related Assets
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
