Court of Chancery Grants Ten Year Injunction
W.L. Gore & Associates, Inc. v. Wu, C.A. No. 263-N (Del. Ch. September 15, 2006).
The extent to which a court will enjoin the violation of a confidentiality agreement covering trade secrets is often questioned. In this decision, the Court of Chancery issued an injunction that for ten years barred the defendant from working in a business that might permit him to use the trade secrets he had stolen from his employer. In part, the remedy was based on the useful life of the stolen materials.
The opinion is also influenced by the defendant's conduct during the litigation where he repeatedly demonstrated his untrustworthy nature by hiding evidence and otherwise obstructing the course of the litigation.
