Claims Survive In 'Instant-On' Trade Secrets Spat

Law360, New York (December 10, 2009, 1:30 PM EST) -- A federal judge has refused to dismiss several claims in a trade secrets and contract case brought by Phoenix Technologies Ltd. against DeviceVM over "instant-on" computer software, saying the claims are not preempted by the California Uniform Trade Secrets Act.

Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued her ruling Tuesday, though she cautioned that the interference with contract, unfair business practices and conversion claims still could be dismissed at a later date.

The "instant-on" software at issue in...
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