Genzyme Corp. v. Bishop
United States District Court for the Western District of Wisconsin
460 F. Supp. 2d 939 (2006)
- Written by Matthew Celestin, JD
Facts
In July 2005, Genzyme Corporation (plaintiff), a biotechnology company that sold products related to genetic disorders, acquired Bone Care International (Bone Care), a company that specialized in Vitamin D products. Charles Bishop, Keith Crawford, and Eric Messner (the former employees) (defendants) were officers of Bone Care who had each signed an employment agreement containing a covenant not to compete. Between July and August 2005, the former employees terminated their employment, and in September 2005, they formed Proventiv Therapeutics LLC (Proventiv) (defendant). Proventiv specialized in Vitamin D products and was ultimately acquired by Cytochroma, Inc. (defendant). Genzyme filed suit, alleging, in part, breach of contract by the former employees based on their violations of the covenants not to compete. The former employees filed a motion to dismiss the breach-of-contract claims, arguing, in part, that the covenants not to compete were unenforceable as a matter of law.
Rule of Law
Issue
Holding and Reasoning (Shabaz, J.)
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