Diamond Power Intl. v. Davidson

In Diamond Power Intl. v. Davidson 540 FSupp.2d 1322, 1346 (IV) (N.D. Ga. 2007), the court explained that where the "full extent" of a claim relied on the same allegations as those underlying a claim for misappropriation of trade secrets, the claims are "conflicting" under the GTSA and therefore precluded. Id. at 1344 That court properly reasoned that purposes of the GTSA would be subverted if a plaintiff could state a claim for the misappropriation of proprietary information outside of the GTSA and thereby avoid its burdensome requirements of proof. See id. at 1345. However, the court also acknowledged if a claim seeks to remedy an injury caused not by the misappropriation of proprietary information, but by separate conduct - such as the misappropriation of physical property or the improper interference with contractual relationships respecting something other than proprietary information - such a claim cannot be said to be "in conflict" with the GTSA. Id.