Magnesium Elektron North America, Inc. v. St. Pierre et al. (18-cv-40207).

Magnesium Elektron (“MgE”) filed suit against Applied Chemistries, Inc., Brian St. Pierre and Mark Pellerin, accusing them of misappropriating trade secret processes for making etching additives used in the graphic arts industry. According to the complaint, St. Pierre and Pellerin both worked for U.S. Fluids, MgE’s contract manufacturer of etching additives, where they were exposed to the trade secret technology. Each executed a non-disclosure agreement with U.S. Fluids, and each was responsible at some point during their employment with maintaining the secrecy of the technology. St. Pierre now runs Applied Chemistries, who recently began marketing chemicals alleged to be substantially the same as MgE’s proprietary additives, and Pellerin is employed by Applied Chemistries. MgE further asserts that Applied Chemistries is selling photo engraving developer solutions under MgE’s RED TOP and HYRDO-SOLVE trademarks. MgE brings trade secret claims under the federal DTSA and the new Massachusetts trade secrets statute, as well as trademark infringement and unfair competition claims, and claims under 93A.

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