Date: 06-05-2024

Case Style:

Zunum Aero, Inc. v. The Boeing Company, et al.

Case Number: 2:21-CV-896

Judge: James L. Robert

Court: United States District Court for the Western District of Washington (King County)

Plaintiff's Attorney: Benjamin F. Heidlage, Braian T. Goldman, Charlotte Baigent, DemianA. Ordway, Jack Lovejoy, Michael S. Shuster, Scott M. Danner, Vincent G. Levy, Armand J. Kornfeld, Steven W. Fogg

Defendant's Attorney: Cassidy O'Sullivan, Chandler W. Matz, Dazvid A. Perez, Emily Michael, John C. Hueston, Justine Michael Greer, Karen Ding, Moez M. Kaba, Sourahb Mishra, Susan E. Foster, Tate Harshbarger, Yegor Fursecivh, Aaron M. Healey, Dustin Michael Koenig, Ian Rogers, Madeline Dover Swan, Matthw A. Kairis

Description:

Seattle, Washington intellectual property lawyers Benjamin F. Heidlage, Braian T. Goldman, Charlotte Baigent, DemianA. Ordway, Jack Lovejoy, Michael S. Shuster, Scott M. Danner, Vincent G. Levy, Armand J. Kornfeld, Steven W. Fogg represented the Plaintiff which sued on a trade secrets theft and other theories.

Outcome: JUDGMENT BY COURT: Based on the court's June 13, 2022 order (Dkt. # 58 ), August 12, 2022 order (Dkt. # 67 ), April 22, 2024 order (Dkt. # 560 ), May 9, 2024 order (Dkt. # 601 ), and the jury's responses on the jury verdict form (Dkt. # 685 ), the court enters judgment as follows:

1. Judgment is entered in favor of Defendants / Counterclaimants The Boeing Company (The Boeing Co.) and Boeing HorizonX Ventures, LLC (HorizonX) and against Plaintiff / Counter-Defendant Zunum Aero, Inc. (Zunum) on Zunum's claims for violations of the Washington Consumer Protection Act (RCW 19.86 et seq.).

2. Judgment is entered in favor of The Boeing Co. and HorizonX and against Zunum on Zunum's claim for violation of the Securities Act of Washington (RCW 21.20.010).

3. Judgment is entered in favor of The Boeing Co. and HorizonX and against Zunum on Zunum's claim for breach of fiduciary duty.

4. Judgment is entered in favor of The Boeing Co. and HorizonX and against Zunum on Zunum's claim for breach of the implied covenant of good faith and fair dealing.

5. Judgment is entered in favor of The Boeing Co. and against Zunum on Zunum's claim for breach of the 2016 Proprietary Information Agreement.

6. Judgment is entered in favor of HorizonX and against Zunum on HorizonX's claims for breach of the 2017 and 2018 Note Agreements. Judgment is likewise entered in favor of HorizonX and against Zunum on Zunum's claim for declaratory judgment of no obligation to pay under the 2017 and 2018 Note Agreements.

7. Judgment is entered in favor of Zunum and against The Boeing Co. and HorizonX on Zunums claim for breach of the 2017 Investor Rights Letter. Judgment is likewise entered in favor of Zunum and against HorizonX on HorizonXs claim for declaratory judgment of no breach of the 2017 Investor Rights Letter.

8. Judgment is entered in favor of HorizonX and against Zunum on Zunum's claim for breach of the 2018 Investor Rights Letter. Judgment is likewise entered in favor of HorizonX and against Zunum on HorizonX's claim for declaratory judgment of no breach of the 2018 Investor Rights Letter.

9. Judgment is entered in favor of Zunum and against The Boeing Co. on Zunum's claim for tortious interference with a business expectancy.

10. Judgment is entered in favor of Zunum and against The Boeing Co. and HorizonX on Zunum's claim for violation of the Washington Uniform Trade Secrets Act (RCW 19.108 et seq.).

11. Judgment is entered in favor of The Boeing Co. and against Zunum on The Boeing Co.'s claims for declaratory judgment of patent inventorship.

12.Judgment is entered for Zunum and against The Boeing Co. in the amount of$71,970,000. HorizonX is jointly liable for $60,410,000 of that amount.

13.Judgment is entered for HorizonX and against Zunum in the amount of$9,000,000, plus 6% interest per annum as provided in the 2017 and 2018 Note Agreements.

Plaintiff's Experts:

Defendant's Experts:

Comments: