Intellectual Property Law

Abbott Laboratories Sues Departing Employee and New Employer, Alleging Inevitability of Trade Secret Misappropriation

Defendant Susan Mancheski, a former Upper Midwest Regional Manager at Abbott and former member of and Regional Manager ("RM") Advisor to Abbott's Sales & Marketing Advisory Board, resigned her position with Abbott to join its direct competitor, Defendant ev3, Inc. She had an employment agreement with Abbott.

The Employee Agreement allegedly prohibits Mancheski, for the period of one year following the termination of her employment with Abbott, from engaging in activities or employment (a) that contribute to the development, marketing, promotion or sale of products that compete with Abbott products for which Mancheski previously had responsibility, or (b) in which she would use or divulge Abbott's confidential information.

Allegedly, ev3 recently informed Abbott that Mancheski has accepted a job with ev3 in which she will market for ev3 the directly competing endovascular products over which she had extensive responsibilities and about which she gained substantial confidential information during her employment with Abbott. ev3 has allegedly acknowledged that Mancheski will market those competing products to some of Abbott's (and Mancheski's former) customers.

A copy of the complaint is attached above. Abbott has alleged, as you'll see, that Ms. Mancheski lied like crazy as part of her resignation and exit interview process. Her alleged lie? About where she was going to work. NOTE TO DEPARTING EMPLOYEES - don't lie about your having accepted an employment offer from a direct competitor. Your lie won't fool anybody for long and it will be used as a sword against you if your former employer decides to sue.

Full post as published by Womble Trade Secrets Blog on June 30, 2009 (boomark / email).