Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bro-Tech Corp. v. Thermax

January 14, 2010

BRO-TECH CORPORATION T/A THE PUROLITE COMPANY, ET AL., PLAINTIFFS,
v.
THERMAX, INC. D/B/A THERMAX USA LTD, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Rufe, J.

MEMORANDUM OPINION & ORDER

Plaintiff has filed a Motion for Contempt*fn1 alleging that Defendant Thermax, Inc. has used (and in one case is still using) Purolite information to modify or create newmanufacturing processes for ion exchange resin products, in violation of this Court's Orders dated May 20, 2005*fn2 and September 30, 2005.*fn3 The Purolite information at issue, contained in five documents located on Defendant Sachdev's thumb drive, was the subject of a prior contempt hearing. There are three manufacturing processes at issue in this Motion: 1) gel cation sulfonation using low levels of EDC; 2) macroporous polymer stabilization; and 3) high activity catalyst. The Court reviewed the briefing on this Motion and held a hearing in October 2009.

A. Findings of Fact Low EDC Sulfonation Process

1. Purolite chemists developed a low EDC process for making ion exchange resins in its research and development department in the middle 1980s.

2. Purolite began using this low EDC process to manufacture its gel cation resins, as it was more efficient than their prior method, and requires a shorter cycle time.

3. Purolite uses this process to make a large class of resins (approximately 20 - 30 products).

4. Former Purolite employee Sachdev had access to the formula for this process due to his high level position in the company.

5. Sachdev signed an employment contract prohibiting him from disclosing confidential information related to Purolite or its operations during or after his employment by Purolite.

6. After April 1, 2005, when Sachdev left Purolite and became an employee of Thermax, he was involved in changing Thermax's sulfination process.

7. In April 2005, Thermax began doing experiments with low EDC. These experiments studied the ingredients, concentrations, and sequences Purolite uses, as well as the temperatures and times.

8. Thermax issued work instructions for a new product, T42NAU, in the spring of 2005. This product has been manufactured by Thermax since June 2005.

9. The recipe for this new Thermax product is very similar to that of a Purolite product, whose formula was on the thumb drive taken from Purolite by Sachdev, and the recipe is very different from that used by Thermax prior to Sachdev's arrival.

10. Thermax continues to use the formula adopted after Sachdev's hiring in 2005 to this day. Macroporous Polymer Stabilization Process

11. In 1997, chemists in Purolite's research and development department, researched and developed a formula for ion exchange products using specific quantities of salt, gelatin, and methylene blue ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.