Case: Pollack v. Skinsmart Dermatology and Aesthetic Center P.C . [1] Facts: Dr.
ID: 349250 • Letter: C
Question
Case: Pollack v. Skinsmart Dermatology and Aesthetic Center P.C.[1]
Facts: Dr. Andrew Pollack owned the Philadelphia Institute of Dermatology (PID), a dermatology practice. Drs. Toby Shawe and Samy Badawy worked for PID as independent contractors, receiving a certain percentage of the revenues from each patient they treated. Natalie Wilson was Dr. Pollack's medical assistant.
Dr. Pollack tentatively agreed to sell the practice to Drs. Shawe and Badawy. Instead of buying his practice, the two doctors decided to start their own, which they called Skinsmart. They executed a lease for the Skinsmart office space, offered Ms. Wilson a job, and instructed PID staff members to make copies of their appointment books and printouts of the patient list. Then they abruptly resigned from PID. Ms. Wilson called patients to reschedule procedures at PID. The two doctors also called patients and sent out a mailing to patients and referring physicians to tell them about Skinsmart.
Dr. Pollack filed suit, alleging that the two doctors had misappropriated trade secrets.
Issue: Did Drs. Shawe and Badawy misappropriate trade secrets from PID?
Holding: Judgment for Pollack. A patient list is a trade secret, worthy of protection. Pollack spent a great deal of time and money compiling and protecting his patient list.
Question 1: What did the defendants take from PID? (Answer IRAC format)
Explanation / Answer
Issue: Mailing and rescheduling PID patients about Skinsmart is misappropriate trade secret or not?
Analysis: As in general practice in business Patients list,employee list, raw material supplier i.e medicine supplier,physician list etc are trade secrets that effects the business if any of such information got lekaed from business. that can harm the profitability and stability of organisation. here the defendants take patients and physician list from PID as they were working there and they have such information they misuse it for promoting their own Skinsmart. here they use the trade secret of PDI which directly harming the PID business.
Conclusion: Both the drs who use the trade secret without permission of Pollack as its Pollack business secret are liable for punsishment and penalty.