Local Medical Firm Nuell Sues 2 Former Employees
July 28, 2016 at 4:25 p.m.
Two former employees of Nuell Inc., a local medical instrument-production company, are being sued for breach of confidentiality, violating Indiana Uniform Trade Secrets Act, breach of non-compete agreement and conversion.
Vicki Adkins and Matthew Fluke, both former Nuell employees, allegedly stole blueprints and product models from Nuell and contracted a second local company, Applied Team Technologies, to manufacture the product.
According to the suit, during Adkins' and Fluke's employment with Nuell, both were given product samples and blueprints they were allowed to take home for work purposes.
Upon their leaving the company, both failed to return the company assets and later used them to start their own competing company, Capital Marketing.
Jan Carter, president of ATT, said in an affidavit that Adkins approached her with a product blueprint she wanted to contract ATT to produce. Adkins reportedly told Carter she was starting a company and the blueprint was their first product.
According to Carter, the blueprint was clearly marked "Nuell Inc."
Carter refused to produce the product, and only produced it later when Adkins returned with a new unmarked print, allegedly drawn by Fluke, and a product sample.
Adkins reportedly had spent considerable time making sales deals and had at least one $90,000 contract for the instrument.
According to Nuell's suit, producing the product was not only theft but also breached non-compete and confidentiality agreements signed by both defendants.
Nuell's non-compete agreement prohibits former employees from working in the medical industry withing 200 miles of Nuell Inc. for two years after the employees' termination.
Disclosure of company secrets, production methods and design also was strictly prohibited.
Nuell is seeking an unspecified monetary judgment for damages, plus court costs and attorney fees. The case will be heard in Kosciusko Circuit Court with Judge Rex Reed presiding. [[In-content Ad]]
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Two former employees of Nuell Inc., a local medical instrument-production company, are being sued for breach of confidentiality, violating Indiana Uniform Trade Secrets Act, breach of non-compete agreement and conversion.
Vicki Adkins and Matthew Fluke, both former Nuell employees, allegedly stole blueprints and product models from Nuell and contracted a second local company, Applied Team Technologies, to manufacture the product.
According to the suit, during Adkins' and Fluke's employment with Nuell, both were given product samples and blueprints they were allowed to take home for work purposes.
Upon their leaving the company, both failed to return the company assets and later used them to start their own competing company, Capital Marketing.
Jan Carter, president of ATT, said in an affidavit that Adkins approached her with a product blueprint she wanted to contract ATT to produce. Adkins reportedly told Carter she was starting a company and the blueprint was their first product.
According to Carter, the blueprint was clearly marked "Nuell Inc."
Carter refused to produce the product, and only produced it later when Adkins returned with a new unmarked print, allegedly drawn by Fluke, and a product sample.
Adkins reportedly had spent considerable time making sales deals and had at least one $90,000 contract for the instrument.
According to Nuell's suit, producing the product was not only theft but also breached non-compete and confidentiality agreements signed by both defendants.
Nuell's non-compete agreement prohibits former employees from working in the medical industry withing 200 miles of Nuell Inc. for two years after the employees' termination.
Disclosure of company secrets, production methods and design also was strictly prohibited.
Nuell is seeking an unspecified monetary judgment for damages, plus court costs and attorney fees. The case will be heard in Kosciusko Circuit Court with Judge Rex Reed presiding. [[In-content Ad]]