Zync Fights Block of ITC Trade Secret Case Against BMW

Zync Inc. wants a California federal court to pause an order requiring it to seek a stay of its trade secrets case against Finnegan client BMW before the U.S. International Trade Commission (ITC). The order, issued by U.S. District Judge Charles Breyer, directs Zync to halt the ITC investigation until related state court litigation is resolved.

Finnegan partner Lionel Lavenue said in a statement to Law360 that BMW "is pleased that the court recognized the clear and enforceable forum-selection clause requiring that its disputes with Zync be litigated in Munich, Germany," and that "Zync's motion to stay the preliminary injunction pending appeal is nothing more than an attempt to delay the inevitable and prolong its improper forum-shopping by Zync at the ITC."

"BMW will vigorously oppose any stay that would allow Zync to continue pursuing its ITC proceeding in violation of the parties' agreement and the Court's order from the NDCA on the TRO and now on the [preliminary injunction]," said Lionel. "BMW remains confident that the injunction will be upheld on appeal."

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