Thermo Fisher Scientific v. Yourway Transport

DisputeSoft was retained in December 2013 by plaintiff Thermo Fisher Scientific in connection with Thermo Fisher Scientific Inc. et al v. Yourway Transport, Inc. et al in the Court of Common Pleas of Lehigh County, Pennsylvania, Case No. 2011-C-4631.

Pharmaceutical supply chain company Thermo Fisher Scientific alleged that two former employees misappropriated technical specifications and documentation for a “Clinical Trial Management System” (“CTMS”) and used these documents to develop a new CTMS, called iCTM, for Yourway Transport.

The parties entered into a settlement agreement in March 2014, which required, inter alia, for Yourway to destroy any iCTM software and Fisher intellectual property it may have misappropriated. Additionally, the settlement agreement permitted Fisher to inspect any new CTMS software developed or purchased by Yourway to validate that such software was not derived from Fisher intellectual property.

Pursuant to the settlement agreement, DisputeSoft’s Nick Ferrara conducted onsite compliance inspections of a new CTMS system that Yourway Transport planned to implement in place of iCTM. The inspections included in-depth examinations of the new system’s design documents, database schema, testing documents, and change management documents for indicia of Fisher intellectual property. The inspections also included examination of the functionality in Yourway’s demonstration and production systems. Mr. Ferrara ultimately concluded that Yourway’s new CTMS was not derived from Fisher’s intellectual property.