The rep, Eric Hunter, worked for Orthofix for 12 years before joining DonJoy in 2012. According to the appeals court, Hunter and another Orthofix rep named Bob Lemanski negotiated their defection with DonJoy area vice president of sales Richard Spina, plotting for Hunter to solicit Orthofix customers through Lemanski.
The U.S. Court of Appeals for the 6th Circuit last year overturned a lower court’s ruling that Hunter was not liable because Orthofix failed to use reasonable measures to protect its trade secrets and the non-disclosure pact was unenforceable.
Yesterday the 6th Circuit denied Hunter’s bid for an en banc hearing before a full bench of judges, according to court documents.
“The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. The petition then was circulated to the full court. No judge has requested a vote on the suggestion for rehearing en banc,” according to a filing by 6th Circuit clerk Deborah Hunt.