Fenwick & West Leads Virgin Mobile to Complete Defense Judgment in Trade Secret Case

June 23, 2006

Fenwick led Virgin Mobile to a complete defense judgment in a trade secret case filed in New Jersey State Court by Brandport. Brandport unsuccessfully competed in a request-for-proposal (RFP) process to become one of Virgin Mobile’s vendors. Brandport filed suit alleging that Virgin Mobile misappropriated 55 of its trade secrets disclosed in the RFP process, and Brandport applied for a temporary restraining order to shut down the pending rollout of a Virgin Mobile service. After the judge tentatively indicated that she was inclined to grant the TRO, Fenwick was able to convince her to deny the TRO application. Shortly thereafter, Fenwick persuaded the judge to deny Brandport’s motion for preliminary injunction. After taking the key BrandPort depositions, the Fenwick team filed a summary judgment motion. After a two-plus-hour hearing, the court complimented the Fenwick team’s “excellent” work and granted Virgin Mobile summary judgment dismissing all 55 of Brandport’s trade secret and related claims. Judgment was entered in favor of Virgin Mobile. Brandport, Inc. v. Virgin Mobile, USA, LLC, 2006 WL 1737867 (N.J. Super. Ch. Div. 2006). 

The Fenwick litigation team was led by Rodger Cole, David Hayes and Bryan Kohm. ​