Nos. 08-2334, 08-2335.

591 F.3d 1 (2009)

ASTRO-MED, INC., Plaintiff, Appellee, v. NIHON KOHDEN AMERICA, INC. and Kevin Plant, Defendants, Appellants. Astro-Med, Inc., Plaintiff, Appellee, v. Nihon Kohden America, Inc. and Kevin Plant, Defendants, and Bruce W. Gladstone, Esq. and E.P. Michael Karcis, Esq., Appellants.

United States Court of Appeals, First Circuit.

Decided October 22, 2009.

Attorney(s) appearing for the Case

E.P. Michael Karcis with whom Mark A. McLean, McLean & McLean LLP, Bruce W. Gladstone, and Cameron & Mittleman LLP were on brief for appellants.

Stacey P. Nakasian with whom Duffy & Sweeney, Ltd., Craig M. Scott, and Scott & Bush, Ltd. were on brief for appellee.

Before LIPEZ and HOWARD, Circuit Judges, and WOODCOCK, District Judge.

WOODCOCK, District Judge.

Astro-Med, Inc. (Astro-Med) and Nihon Kohden America, Inc. (Nihon Kohden) are rivals in the highly competitive life sciences equipment market, and in October 2006, when Nihon Kohden hired away Kevin Plant, a valuable Astro-Med employee, Astro-Med reviewed its legal options. When first hired at Astro-Med in 2002, Plant signed an employee agreement that contained non-competition and non-disclosure provisions. Relying in large part on those...

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