Lower Court Erred by Granting Summary Judgment for Poly, Says Cisco

The district court erred when it granted summary judgment to Poly and its hardware and software architect Wilson Chung and in denying Cisco's motions for spoliation sanctions, said Cisco’s mediation questionnaire Friday (docket 23-15590) in the 9th U.S. Circuit Court of Appeals. Cisco is asserting trade secret misappropriation claims against Poly and Chung under the Defend Trade Secrets Act and California Uniform Trade Secrets Act. Cisco alleges Chung improperly kept “substantial Cisco confidential information” for the Cisco 730 headset and the Webex Desk Pro when he left Cisco in 2019 to join Poly, then disclosed those trade secrets to other Poly employees (see 2304220002), said the questionnaire. Cisco also alleges Poly and Chung destroyed evidence “that would have illuminated the full extent of their misappropriation, it said. Cisco seeks damages in the form of a “reasonable royalty,” and an injunction barring further misappropriation of its trade secrets by Poly and Chung, it said. Poly has sought attorneys' fees and costs, Chung sought costs, it said. Cisco opposed both motions, and the U.S. District Court for the Northern District of California “has yet to rule on either request,” it said. Cisco and Poly also submitted motions to seal certain exhibits that were submitted in connection with the parties' summary judgment and spoliation, and those motions “also remain pending,” it said.Cisco’s opening brief in its 9th Circuit appeal is due July 28, and the answering brief from Poly and Chung is due a month later.