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Court of Appeals of Texas : sequence of the process used by successor company in its water purification system was not a trade secret

244 S.W.3d 924 (2008)

Court of Appeals of Texas,
Dallas.
GLOBAL WATER GROUP, INC., Appellant,
v.
Robert ATCHLEY and Aspen Water, Inc., Appellee.
No. 05-06-00709-CV.
Feb. 14, 2008.
Rehearing Overruled Feb. 14, 2008.

Background: Successor water purification company filed lawsuit against former president of predecessor company and such president's new company, asserting claims for breach of shareholder agreement, misappropriation of trade secrets, and conspiracy. After granting partial summary judgment in favor of former president on the breach of shareholder agreement claim, the 116th Judicial District Court, Dallas County, Robert Frost, J., entered judgment notwithstanding the verdict (JNOV) in favor of president and his new company on the remaining claims. Successor water purification company appealed.

Holdings: After vacating its earlier opinion on denial for rehearing, the Court of Appeals, Michael J., O'Neill , J., held that:
(1) successor company's formula for elements used in absorption stage of water purification process was not a trade secret;
(2) the sequence of the process used by successor company in its water purification system was not a trade secret...

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