United States District Court, D. Massachusetts
Covidien LP and Covidien Holding Inc. Plaintiffs,
Brady Esch Defendant.
MEMORANDUM & ORDER
Nathaniel M. Gorton United States District Judge.
dispute arises out of alleged breaches of an employment
agreement and a separation agreement between Covidien LP and
Covidien Holding Inc. (“plaintiffs” or
“Covidien”) and Brady Esch
(“defendant”), Covidien's former employee.
Plaintiffs allege that defendant breached those agreements by
1) assigning rights to three patents to his new company
rather than to Covidien and 2) disclosing plaintiffs'
confidential information in the patent applications.
before this Court is defendant's motion to dismiss, or,
alternatively, to transfer venue. For the following reasons,
that motion will be denied without prejudice.
is a global healthcare company and a manufacturer of medical
devices and supplies. At issue in this case are
Covidien's Endovenous products which are used to treat
The NNC Agreement
Esch began working for Covidien in 2009 when Covidien
acquired VNUS Technologies, Esch's employer at the time.
In or about December, 2009, Esch entered into a
“Non-Competition, Non-Solicitation, and Confidentiality
Agreement” (“NNC Agreement”) with Covidien.
to the pending motion, the NNC Agreement provides that Esch
[i]rrevocably consent[s] to personal jurisdiction in the
state courts of Massachusetts and the U.S. District Court for
the District of Massachusetts for any action arising out of
this Agreement, regardless of where you reside or perform
Agreement further states that Massachusetts law will apply.
The Separation Agreement
about November, 2013, Esch was terminated from Covidien. At
that time, he was the Director of Global Marketing for the
VNUS business. As part of his termination, Esch signed a
“Separation of Employment Agreement and General
Release” (“Separation Agreement”).
Separation Agreement provides in pertinent part, that Esch
waives any objection which [he] may have to the laying of
venue of any . . . suit, action or proceeding in any . . .
court [located in the Commonwealth of Massachusetts].
Separation Agreement, like the NNC Agreement, states that
Massachusetts law governs.