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Dura Global Techs., Inc. v. Magna Donnelly Corp.

Dura Global Techs., Inc. v. Magna Donnelly Corp.

United States District Court for the Eastern District of Michigan, Southern Division

September 18, 2009, Decided; September 18, 2009, Filed

Case No. 07-10945

Opinion

OPINION & ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS [Doc. No. 175]

Plaintiff Dura Global Technology, Inc. ("Dura") filed this patent infringement, unfair  [*2] competition, and trade secret misappropriation action on March 5, 2007. The matter is currently before the Court on Defendant Magna Donnelly Corporation's ("Donnelly") FED. R. CIV. P. 12(c) Motion for Judgment on the Pleading on Counts X and XI of Plaintiff's Second Amended Complaint [Doc. No. 175]. The parties have fully briefed the issues, and the Court declines to hear oral argument pursuant to Local Rule 7.1(e)(2) For the reasons that follow, the Court DENIES Donnelly's Motion [Doc. No. 175].

BACKGROUND

Dura filed this action for patent infringement, unfair competition, and trade secret misappropriation against Donnelly on March 5, 2007. Dura supplies door modules, glass systems including integrated modular window assemblies, seat mechanisms, and other engineered assemblies to automotive manufacturers such as General Motors ("GM"). (Pl.'s Amended Complaint, Doc. No. 57, PP 54). Dura was the first company to market an OEM power sliding rear window for pickup trucks, Id. at P 56, and was awarded two patents by the USPTO related to this product: (1) Patent No. 6,766,617 ("the '617 Patent"), entitled "Power Sliding Rear Window," on July 24, 2004; and (2) Patent No. 5,724,769 ("the '769 Patent"),  [*3] entitled "Motor Vehicle Construction with Pull-Pull Cable System," on March 10, 1998. Id. at PP 8, 31.

Mr. Paul Eichenberg ("Eichenberg") began working for Excel Industries, Dura's predecessor corporation, in 1992. Id. at P 56. Excel and Dura trained Eichenberg in automotive glass technology, and included Eichenberg in Dura's overall business strategies and long-term market strategy. Id. Among his job duties, Eichenberg was responsible for an earlier bid by Dura on GM's GMT355 series order for a power window assembly system. Id. at P 57.

Eichenberg was also involved in the creation of the Dura Automotive Systems Windows Engineering Center ("Tech Center"), implemented as one of Dura's long-term strategies to remain competitive in the encapsulated window industry. Id. at P 59. With Eichenberg's approval, Dura placed Mr. Denzil Abney ("Abney") in charge of the Tech Center as the Senior Engineering Manager, and Mr. Gary DeGroff ("DeGroff") as the Product Engineering Manager. Id.

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2009 U.S. Dist. LEXIS 85563 *; 2009 WL 3032594

DURA GLOBAL TECHNOLOGIES, INC., DURA OPERATING CORP., Plaintiffs, v. MAGNA DONNELLY CORPORATION, a/k/a DONNELLY CORPORATION, Defendant.

Subsequent History: Partial summary judgment denied by Dura Global Techs., Inc. v. Magna Donnelly Corp., 665 F. Supp. 2d 787, 2009 U.S. Dist. LEXIS 86733 ( E.D. Mich., 2009)

Reconsideration denied by Dura Global Techs. v. Magna Donnelly Corp., 2010 U.S. Dist. LEXIS 34969 ( E.D. Mich., Apr. 9, 2010)

Prior History: Dura Global Techs., Inc. v. Magna Donnelly Corp., 2008 U.S. Dist. LEXIS 83502 ( E.D. Mich., Oct. 17, 2008)

CORE TERMS

trade secret, Counts, misappropriation, bidding, window, Infringement, cause of action, unfair competition, alleges, employees, pleadings, inducing, intentional interference