FAIVELEY TRANSPORT MALMO AB v. WABTEC CORP.

Docket No. 08-5126-cv.

559 F.3d 110 (2009)

FAIVELEY TRANSPORT MALMO AB, Plaintiff-Appellee, v. WABTEC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 9, 2009.


Attorney(s) appearing for the Case

A. John P. Mancini (Vanessa M. Biondo, Christine M. Hernandez, and Daniel B. Kirschner, on the brief), Mayer Brown LLP, New York, NY, for Faiveley Transport Malmo AB.

James C. Martin (Daniel K. Winters, Reed Smith LLP, New York, NY, and Colin E. Wrabley, Reed Smith LLP. Pittsburgh, PA, on the brief), Reed Smith LLP, Pittsburgh, PA, for Wabtec Corporation.

Before CABRANES and WESLEY, Circuit Judges, and KORMAN, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

The question presented in this case— whether a manufacturer who likely misappropriated trade secrets may be preliminarily enjoined from (a) entering into contracts that will cause it to use those trade secrets and (b) disseminating further those trade secrets—concerns a rarely celebrated but instantly recognizable feature of everyday life in New York City: subway brakes. To the parties in this case, subway brakes...

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