Commercial - Misappropriation of trade secrets - Claim splitting.

Byline: Mass. Lawyers Weekly Staff

Even though the defendant's counterclaims for trade secret misappropriation were based on events that happened after the defendant had brought a trade secret misappropriation case against the plaintiff in California, the defendant had not engaged in inappropriate claim splitting and the counterclaims were validly asserted.

" [P]laintiff Acacia Communications, Inc. ('Plaintiff' or 'Acacia') alleges that it was defamed by purportedly false statements made by defendant ViaSat, Inc. ('Defendant' or 'ViaSat') to members of Optical Internetworking Forum ('OIF') to the effect that Acacia has misappropriated ViaSat's trade secrets. ViaSat has counterclaimed alleging that Acacia has, in fact, misappropriated ViaSat's trade secrets and disclosed them, or threatened to disclose them, to OIF's membership. Another action between the same parties currently is pending in the California courts (the 'California Action'). That action, commenced in January 2016 by ViaSat, also involves claims that Acacia has misappropriated ViaSat's trade secrets, but it predates Acacia's purported actual or threatened disclosure of ViaSat's trade secrets to OIF's membership.

" Acacia argues that ViaSat's counterclaims in this case 'are duplicative of claims currently pending between the parties' in the California Action and must be pursued, if at all, in that action.

" Massachusetts courts consistently have held...