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DIRECT BIOLOGICS, L.L.C. v. McQUEEN

No. 22-50442.

63 F.4th 1015 (2023)

DIRECT BIOLOGICS, L.L.C., Plaintiff-Appellant, v. Adam MCQUEEN; Vivex Biologics, Incorporated; Vivex Biologics Group, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 3, 2023.

Attorney(s) appearing for the Case

Ryan A. Botkin , Leah B. Buratti , Maria Amelia Calaf , Asra Syed , Wittliff Cutter, P.L.L.C., Austin, TX, for Plaintiff-Appellant.

William S. Helfand , Sean Benjamin O'Neal Braun , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Defendants-Appellees.

Before Davis, Dennis, and Higginson, Circuit Judges.

Direct Biologics, LLC ("DB") brought claims for breach of covenant to not compete and misappropriation of trade secrets against Adam McQueen, DB's former employee, and Vivex Biologics, Inc. ("Vivex"), McQueen's new employer. After granting DB a temporary restraining order based on its trade secret claims, the district...

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