Trade secret claim is time barred
Syed Iqbal Raza, M.D. v. Siemens Medical Solutions USA Inc., et al., C.A. No. 06-132-JJF, April 16, 2009.
Farnan, J. Defendants’ motion for judgment on the pleadings is granted.
Defendants move to dismiss plaintiff’s claim of misappropriation of trade secrets (related to certain hospital management software) as being time barred pursuant to 6 Del. C. §2006. Plaintiff concedes that his unjust enrichment claim is preempted by the Delaware Uniform Trade Secret Act. Given the substantial press coverage of defendant’s public launch of the software and the filing for patent protection, plaintiff knew or should have known about the alleged misappropriation at the time of the launch. Therefore the claim is time barred and must be dismissed.
