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SocialApps, LLC v. Zynga, Inc.

United States District Court for the Northern District of California

June 14, 2012, Decided; June 14, 2012, Filed

Case No.: 4:11-CV-04910 YGR

Opinion

Order Granting Motion of Defendant Zynga, Inc. to Compel Further Trade Secret Disclosure and Further Responses to Interrogatories

Defendant Zynga, Inc. ("Zynga") filed a discovery letter brief (Dkt. No. 61) seeking to compel Plaintiff SocialApps, LLC ("SocialApps") to: (1) identify its alleged trade secrets with particularity consistent with California Code of Civil Procedure §2019.210; and (2) provide adequate responses to Zynga's First Set of Interrogatories, served March 20, 2012. SocialApps filed its responsive letter brief. (Dkt. No. 64.)

Having carefully considered the papers submitted and the pleadings in this action, and for the reasons set  [*3] forth below, the Court hereby Grants Zynga's discovery requests.

BACKGROUND

SocialApps alleges that around May 2009, Zynga approached SocialApps in an attempt to acquire the intellectual property rights, confidential information and source code for a social network game it had developed, myFarm. (Dkt. No. 11, First Amended Complaint ("FAC") at ¶10.) On May 19, 2009, Defendants and Plaintiff entered into a Letter Agreement and Term Sheet providing key business terms and for confidentiality concerning both the transaction and any company information—including proprietary source code and confidential information—Plaintiff provided to Defendants in what Defendants called their "due diligence." (Id.) Social Apps alleges that under the guise of "due diligence," Zynga required SocialApps to produce its confidential source code and other information for myFarm. (FAC ¶11.) By providing this confidential source code and other information, Plaintiff revealed to Defendants numerous aspects of myFarm's functionality, including its processes for using myFarm Credits, myFarm's key revenue-generating feature. (Id.) Zynga  [*4] is alleged to have misappropriated trade secrets it learned through this due diligence.

ANALYSIS

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2012 U.S. Dist. LEXIS 82767 *; 2012 WL 2203063

SOCIAL APPS, LLC, Plaintiff, vs. ZYNGA, INC., Defendant.

Subsequent History: Motion granted by, in part, Motion denied by, in part Socialapps, LLC v. Zynga, Inc., 2012 U.S. Dist. LEXIS 137103 (N.D. Cal., Sept. 21, 2012)

Prior History: SocialApps, LLC v. Zynga, Inc., 2012 U.S. Dist. LEXIS 75900 (N.D. Cal., May 30, 2012)

CORE TERMS

trade secret, discovery, disclosure, secret, server, source code, identification, architecture, myFarm, civil procedure, confidential, functions, protective order, due diligence, federal rule, misappropriated, particularity, icons, lines