On Tuesday, Pharmazam, LLC filed a suit in the Middle District of Florida against defendant Thermo Fisher Scientific. The plaintiff is alleging that the defendant misappropriated their trade secrets when they used their business information in a report under the name of a competing company.
Pharamzam, the complaint says, provides “genetic testing services to enable consumers and various medical professionals to better determine the most beneficial course(s) of treatment for a particular patient.” Since they use vendors, business partners, and affiliates as a part of their business, they regularly sign non-disclosure and confidentiality agreements with them. The defendant, Thermo Fisher, entered into a non-disclosure agreement with the plaintiff.
Following this agreement, the defendant allegedly entered into a business relationship with Unlock MyDNA, a company who conducts “substantially identical genetic tests and provide services to consumers that are substantially identical to those provided by Pharmazam.” This business relationship led to the defendant publishing a report containing various proprietary information. Despite the report title crediting the information as Unlock MyDNA’s, the plaintiff asserts that “all of the data in that report is in fact Pharmazam’s confidential and proprietary business information, and a significant portion of the data contained in that report is actually identified as Pharmazam’s data.”
Regardless of how Thermo Fisher obtained the confidential information and trade secrets, Pharmazam states that Thermo Fisher knew or should have known about the nature of the information it was publishing and should not have published the information.
Pharmazam claims that the actions by Thermo Fisher have led the plaintiff’s trade secret information to be misappropriated. The complaint cites breach of contract, trade secret misappropriation, federal trademark infringement, Florida trademark infringement, trademark dilution and injury to business reputation, unfair competition, and common law trademark infringement. Pharmazam is seeking favorable judgement against Thermo Fisher, damages, post-judgement interest, litigation fees, and any other relief deemed proper by the Court.
The plaintiff is represented by McIntyre Thanasides.
