Judge Rules Client AmTote International Inc.’s Trade Secret Misappropriation Case Justifies Claims of Conspiracy
Bingham Greenebaum Doll LLP partners James M. Hinshaw and Reva D. Campbell are part of a team representing the horse racing tote inventor and developer AmTote in a closely watched trade secret misappropriation case that has attracted national attention.
Defendants in the case are competitor Encore Gaming and horse racing park Kentucky Downs. Defendants had moved to dismiss the lawsuit, but last week the Court denied that motion and ruled that AmTote’s lawsuit should proceed.
In his ruling, U.S. District Judge Greg N. Stivers held that while “Encore’s system is not yet fully detailed [in the complaint] and the court cannot conclude exactly how its system was developed, . . . [It] is clear, however, that Encore may have had access to AmTote’s trade secrets through Kentucky Downs, and Encore’s system bears at least some similarities to AmTote’s system.”
According to the Law360 publication that is tracking our client’s case, Stivers further ruled AmTote had reasonably pleaded both prongs of its trade secret claims — that it has trade secrets, and they could have been misappropriated here — and showed Encore’s product is similar to its own.
This case is ongoing. Stay tuned for additional details.