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Bro-Tech Corp. v. Thermax

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


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: Cynthia M. Rufe, J.

ORDER

AND NOW, this 14th day of January, 2010, upon review of Plaintiff's Motion for Contempt and Sanctions [Doc. No. 232] and Defendants' response thereto [Doc. No. 246], and after a hearing on the Motion, the Court hereby ORDERS that Plaintiff's Motion for Contempt is GRANTED in part and DENIED in part. It is GRANTED in that Thermax is found in civil contempt for its use of Purolite's EDC sulfonation process and Purolite's macroporous polymer stabilization process, as these were Purolite trade-secrets and the information was used to Purolite's detriment. It is DENIED as to Thermax's use of Purolite's high activity catalyst process, although the court finds that Thermax did possess and use Purolite's trade-secret process, because Thermax stopped producing the product which used the Purolite process in response to the Court's Orders, and never sold the product.

The Court will defer ruling on sanctions.

It is so ORDERED.

20100114

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