NY Supreme Court Grants Preliminary Injunction to Kramer Levin Client ReSeal International L.P.

On July 15, 2008, the Supreme Court of the State of New York, County of New York granted the preliminary injunction sought by Kramer Levin client ReSeal International L.P. relating to a breach of fiduciary obligation that resulted in certain intellectual property to be improperly taken from ReSeal by a former officer. The court also denied a cross-motion to dismiss brought by the defendant officer and his wholly-owned corporations. ReSeal sought the preliminary injunction to prevent the further use of its intellectual property, including several patents, during the pendency of the case, which seeks return of all misappropriated intellectual property.

The firm vigorously sought the preliminary injunction and denial of the cross-motion to dismiss over the course of six months, including two rounds of briefing and several hearings on the matters. The Court’s decision stated that the defendant officer had most likely breached his fiduciary obligations to ReSeal by filing for and obtaining patents in his own name on technology related to ReSeal’s business while working for ReSeal. Jonathan S. Caplan led the trial team which included partner Steven Sinaiko, associates Matthew Abbott, Henry J. Cittone, Joel Taylor, Jessica J. Glass and Matthew Moses.