Manatt Defeats Genomic Prediction Injunction

A Manatt team led by Litigation Partner and Employment and Labor Partner  successfully represented Nucleus Genomics (Nucleus) and its employee Dr. Nathan Treff in defeating a motion for preliminary injunction, temporary restraining order and expedited discovery in a hotly contested trade secrets and non-compete litigation.

In Genomic Prediction, Inc. v. Nathan Treff, et al., Genomic Prediction (GP) alleged that Nucleus and Dr. Treff misappropriated proprietary embryo DNA sequencing methods and its LifeView software platform, and breached confidentiality and non-compete agreements when Dr. Treff joined Nucleus. GP sought a temporary restraining order, preliminary injunction and damages for trade secret misappropriation, breach of contract and unfair competition, and the Court issued an order to show cause that required Nucleus and Dr. Treff to provide a response within two days.

Despite the extremely truncated timeline, Manatt prepared a comprehensive opposition and oral argument presentation that explained to the Court why GP is not entitled to the extraordinary relief of a preliminary injunction or temporary restraining order. Among other things, Manatt argued:

• Treff resigned due to financial instability and a toxic work environment at GP, not because of any wrongdoing.
• GP’s alleged trade secrets are either standard industry practices, publicly available information or documents that were freely shared with Nucleus during a business partnership.
• There is no evidence Treff retained, used or disclosed any GP trade secrets or confidential information after leaving GP.
• GP delayed filing suit for over two months, undermining its claim of irreparable harm and suggesting the lawsuit is a tactical move rather than a genuine emergency.

District Court Judge Susan D. Wigenton (D.N.J.) accepted Manatt’s arguments and denied GP’s motion in its entirety. In her opinion, Judge Wigenton held that GP failed to meet its burden to show a likelihood of success, based on the myriad factual disputes raised in Manatt’s arguments. Judge Wigenton further held that GP failed to demonstrate irreparable harm since the alleged harm was not shown to be emergent or incapable of remedy at trial. The court also denied GP’s request for expedited discovery, finding that GP did not meet the necessary criteria.

This victory prevented a significant injunction from being issued, marking a significant win for the clients in a highly sensitive trade secrets, confidentiality and non-compete litigation matter. A longtime client within our Digital and Technology group, Manatt achieved this result on an expedited timeline, highlighting the Firm’s ability to effectively litigate highly technical, complex commercial disputes for both new and existing clients.

The Manatt team also included ,  and . Talia Metzgar, also a former employee of GP, is represented by Eric R. Breslin and Matthew Caminiti of Duane Morris LLP.