Case 8:22-cv-02405-MSS-TGW Document 1 Filed 10/20/22 Page 1 of 29 PageID 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`
`PHARMAZAM, LLC, a Florida Limited Liability
`Company,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No.:
`
`vs.
`
`THERMO FISHER SCIENTIFIC, INC.
`d/b/a LIFE TECHNOLOGIES CORPORATION,
`a foreign for-profit corporation,
`
`
`
`__________________________________________/
`
`Defendant,
`
`COMPLAINT
`
`
`
`Plaintiff, Pharmazam, LLC (“Pharmazam”), sues Defendant, Thermo Fisher Scientific,
`
`Inc. d/b/a Life Technologies Corporation, (“Thermo Fisher”) (collectively referred to as “the
`
`Parties”), stating:
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`Parties and Jurisdiction
`
`1.
`
` Plaintiff, PHARMAZAM, is a Florida limited liability company with its principal
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`place of business in Hillsborough County, Florida.
`
`2.
`
`Pharmazam is the record owner of the “Pharmazam” name and all trademarks at
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`issue in the instant action.
`
`3.
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`On information and belief, Defendant Thermo Fisher is a corporation organized and
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`existing under the laws of the State of Delaware, having its principal place of business in
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`Massachusetts, and conducting business routinely throughout the State of Florida.
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`1
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`4.
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`This Court has subject matter jurisdiction under 18 U.S.C. § 1831, the Uniform
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`Trade Act, 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338 because this action involves
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`substantial claims arising under the Lanham Act.
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`5.
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`This Court has jurisdiction over Pharmazam’s related state and common-law claims
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`pursuant to 28 U.S.C. §§ 1338 and 1367.
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`6.
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`This Court has personal jurisdiction over Thermo Fisher because Thermo Fisher
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`has distributed, offered for sale, and/or sold genetic testing services within this State, has engaged
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`in acts or omissions within this State causing injury, has manufactured or distributed products used
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`or consumed within this State in the ordinary course of trade, or has otherwise made contacts with
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`this State sufficient to permit the exercise of personal jurisdiction.
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`7.
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`This District is a proper venue pursuant to 28 U.S.C. § 1391(b)(2) because a
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`substantial part of the acts or omissions giving rise to Pharmazam’s claims occurred in this District.
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`Pharmzam’s principal place of business in Hillsborough County, Florida.
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`Background on Pharmazam
`
`8.
`
`In 2012, Scott Gostyla (“Gostyla”) began evaluating and researching the ability to
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`design, create and build the world's first real-time, just-in(cid:173)time personalized healthcare solution.
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`9.
`
`From 2012 through 2014, Gostyla discovered that based on an individual's DNA or
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`their unique genetic makeup, more than 30% of prescribed and over-the-counter (OTC)
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`medications simply do not work for that individual, giving any therapeutic response or positive
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`effect. In fact, because of his findings, Gostyla learned there were several genetic factors in which,
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`an individual taking a single drug when mixing it with another drug or a combination of
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`medications, even when prescribed could lead to an immediate adverse reaction, a serious illness
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`and in some cases even death.
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`2
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`10.
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`After more advanced research and development entailed to find a solution for this
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`ongoing problem, Gostyla invented the world's first and only Real-Time Personalized Healthcare
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`solution of its kind; in which, an enterprise-wide system could accurately report on the best
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`healthcare solution(s) available for someone based on that individual's DNA, and current health
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`condition at that exact moment in time.
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`11.
`
`Gostyla concluded that implementing such a system would help people eliminate
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`multiple healthcare issues, save countless lives, and drive down the billions of dollars of
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`unwarranted medical expenses spent on adverse drug reactions or trial and error prescribing each
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`year.
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`12.
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`As a result, on April 20, 2016, Gostyla created the entity Pharmazam with the
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`Florida Department of State.
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`13.
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`In connection with creating Pharmazam, on June 30, 2017, Gostyla created PZIP.
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`PZIP was granted a membership interest in Pharmazam through Gostyla. PZIP’s primary business
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`activity is acting as a holding company for its Pharmazam ownership interest.
`
`14.
`
`Pharmazam was formed to provide genetic testing services to enable consumers
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`and various medical professionals to better determine the most beneficial course(s) of treatment
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`for a particular patient. Its proprietary application (“app”) informs consumers of potential drug-to-
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`drug and drug-to-gene interactions, providing valuable information that doctors can use to tailor
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`treatment to each patient’s needs.
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`15.
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`Through long and extensive research and development, and the expenditure of a
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`considerable amount of time and effort and large sums of money, Pharmazam has developed a
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`substantial number of commercially valuable trade secrets and confidential, proprietary, scientific,
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`technical, and business information concerning the research, development, formulation,
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`3
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`processing, production, and marketing of genetic testing services, enabling consumers and various
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`medical professionals to better determine the most beneficial course(s) of treatment for particular
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`patients.
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`16.
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`Pharmazam has used this information to generate various written materials,
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`drawings, processes, procedures, equipment, lists of suppliers and customers, and the like, and that
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`information constitutes an extremely valuable asset of Pharmazam.
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`17.
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`Pharmazam has taken reasonable steps to keep its confidential and proprietary
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`business information secret, including but not limited to:
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`a. restricting access to that information to employees who have a need to know it;
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`b. maintaining that information on password-protected databases; and
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`c. requiring its employees, business partners, vendors, affiliates, and other individuals
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`or entities granted access to that information to execute and comply with
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`confidentiality and non-disclosure agreements.
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`18.
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`In furtherance of Pharmazam’s creation, on June 16, 2017, Pharmazam filed for
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`two (2) trademarks with the United States Patent and Trademark Office (USPTO). On October 18,
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`2017, Pharmazam got a Notice of Publication from the USPTO that both of its trademarks were
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`published.
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`19.
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`On October 29, 2018, Pharmazam filed an official patent with the USPTO for a
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`“Personalized Medication Management and Alert System and Method.” Included inside the
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`official patent application are Pharmazam’s proprietary APIs, Algorithms, trade secrets, and other
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`proprietary information. Pharmazam is currently patent pending.
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`Plaintiff’s Business Dealings with Thermo Fisher
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`4
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`20.
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`Thermo Fisher Scientific, Inc. (“Thermo Fisher”) is a business that, among other
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`things, performs various genetic testing services for clients in different industries.
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`21.
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`On or around May 2017, Thermo Fisher inquired to Gostyla and Pharmazam about
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`the possibility of a potential relationship between Thermo Fisher and Pharmazam. In such a
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`relationship, Thermo Fisher would provide genetic testing services for Pharmazam, the results of
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`which would be incorporated into the information presented to Pharmazam’s customers through
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`its app.
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`22.
`
`Daniel Leddy (“Leddy”) with Life Sciences Solutions, a Genetic Analysis division
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`of Thermo Fisher, was the initial Thermo Fisher sales representative who approached Gostyla
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`about Thermo Fisher potentially partnering with Pharmazam.
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`23.
`
`During Pharmazam’s dealings with Thermo Fisher, it became apparent that in
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`determining and evaluating a possible business relationship, the Parties would need to discuss and
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`disclose valuable proprietary and confidential information, including Pharmazam’s trade secrets.
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`24.
`
`In order to protect its confidential and proprietary business information,
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`Pharmazam required that Thermo Fisher enter into a Mutual Non-Disclosure Agreement (“NDA”)
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`prior to any disclosure of Pharmazam’s confidential and proprietary business information. Exhibit
`
`“A.” The NDA was executed by John Blankenbeckler, currently the Senior Director of Legal
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`Operations for Thermo Fisher.
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`25.
`
`The NDA requires Thermo Fisher to, inter alia:
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`(1) hold [Pharmazam’s] Confidential Information in confidence and to take all
`necessary precautions to protect such Confidential Information with the same
`degree of care which [Thermo Fisher] employs to its own confidential information,
`(2) not to divulge any of [Pharmazam’s] Confidential Information or any
`information derived therefrom to any third party, (3) not to make any use of
`[Pharmazam’s] Confidential Information, and (4) not to copy or reverse engineer,
`or attempt to derive the composition of underlying information of any such
`[Pharmazam’s] Confidential Information.
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`5
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`26.
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`Under the NDA, Thermo Fisher undertook the duties below:
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`a. First, Thermo Fisher undertook a duty to protect any information related to
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`Pharmazam’s proprietary state of
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`the art HIPAA compliant Medication
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`Management System, which
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`includes mobile apps,
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`internet applications,
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`customized internet support portals, specialized monitoring, and reporting
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`applications, kiosks, and other specialized systems and delivery and support
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`methods.
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`b. Second, Thermo Fisher undertook a duty to protect any information related to
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`Pharmazam’s physician-ordered and reviewed specialized tests and FDA cleared
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`test which consists of a PGx swab test kit (“Pharmazam PGx”) or a blood drop IgQ
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`allergy test kit (“Pharmazam A”), 3rd party laboratory processing of said kit,
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`logistics of all shipping and information routing, result submission to software
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`managed access points and inclusion into Pharmazam Systems to produce real-time
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`patient-specific reports and regulatory strategies.
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`c. Third, Thermo Fisher undertook to protect any information related to additional
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`Pharmazam software including but not limited to “P-AI”, more particularly
`
`described as the Pharmazam Automated Critical Health Medication notification
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`Engine, which provides automatic real-time analysis of an entire patient population,
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`and alerts patients of potential adverse drug reactions and drug to medical
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`conditions and issues with regard to drug to gene, drug to allergy, drug to food, and
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`drug to lifestyle interactions. Additionally, Thermo Fisher must also keep secret
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`information regarding P-AI’s utilization to automatically identify chronic care
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`6
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`patients and alert about potential unseen medical issues which may be resolved
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`through the utilization of the Pharmazam System.
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`27.
`
`In addition, Thermo Fisher has a continuing legal duty to protect all information
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`related to Pharmazam System Products, and/or Services in any manner including but not limited
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`to (1) any product in any form or any state of development, technologies, kits, protocols, design
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`methodologies, devises, platforms, workflows, computer code, design, configurations,
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`compositions, use, manufacturing, layouts, and/pr packing of any of the foregoing; (2) extraction,
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`manipulation, processing, analysis and/or storage of date related to any of the foregoing; and/or
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`(3) ideas, concepts, designs, inventions, patentable or copyrightable subject matter, technical
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`information, product or product ideas, processes, materials, material handling, composition,
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`equipment, specification, methods, systems, plans, technologies, procedures, models, programs,
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`software or code, data, models, specifications, drawings or diagrams, flow charts, roadmaps,
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`documentation, know-how, trade secrets, works of authorship, derivative works, improvements or
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`modifications and software.
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`28.
`
`At all times, Thermo Fisher knew that the information provided by Pharmazam was
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`provided in confidence and that Pharmazam considered that information to be trade secrets,
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`proprietary information, or otherwise confidential information. By the plain terms of the NDA,
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`Thermo Fisher knew that it was under a continuing obligation to not disclose this information to
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`anyone not a party to the NDA.
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`29.
`
`Thermo Fisher knew that this information was a valuable commercial asset of
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`Pharmazam and that Pharmazam had expended significant time, effort, and money in developing
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`this confidential, proprietary, and trade secret information.
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`7
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`30.
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`Relying on Thermo Fisher’s entry into the NDA and agreement to keep
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`Pharmazam’s trade secrets, proprietary information, and other confidential information in
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`confidence, Pharmazam disclosed confidential and proprietary information relating to its business
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`to Thermo Fisher. Pharmazam also disclosed and produced hundreds of Pharmazam’s HIPAA-
`
`compliant DNA test kits for Thermo Fisher’s use for real-life patients.1
`
`31.
`
`In connection with the NDA, on June 19, 2017, Thermo Fisher prepared an
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`exclusive presentation to Pharmazam and its team trying to gain their business exclusively as a
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`new client in their Pharmacogenomics (PGx) sector.
`
`32.
`
`After the presentation described above, Pharmazam carefully considered Thermo
`
`Fisher’s proposal among its management team and directors but decided to not pursue a business
`
`relationship with Thermo Fisher. Pharmazam seasonably informed Thermo Fisher of its decision.
`
`Moschetto, Through iPathology and Unlock MyDNA, Conspire with
`Thermo Fisher to Misappropriate Pharmazam’s Confidential and Proprietary Information
`
`33.
`
`As explained above, Thermo Fisher was interested in partnering with Pharmazam
`
`by providing genetic testing services for Pharmazam, the results of which would be incorporated
`
`into the information presented to Pharmazam’s customers through its app. Pharmazam chose not
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`to pursue a business relationship with Thermo Fisher at the time.
`
`34.
`
`Even though Thermo Fisher was under a contractual obligation with Pharmazam to
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`protect and safeguard Pharmazam’s confidential and proprietary information and to not disclose it
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`to any third parties, Thermo Fisher did just the opposite to its own great benefit and to the direct
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`detriment of Phramazam.
`
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`1 Thermo Fisher is still in possession of these test kits and has yet to return these test kits
`to Pharmazam despite demand.
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`8
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`35.
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`Thermo Fisher’s scheming was done by an individual named Wesley Moschetto.
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`Moschetto was a 5% member and a director of Pharmazam as of July 31, 2018.
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`36.
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`At the time that Moschetto joined Pharmazam in July of 2018, he set about to
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`cultivate relationships with Mr. Leddy and Dawn Waltman (“Waltman”), another Thermo Fisher
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`employee.
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`37.
`
`In July 2018, Moschetto lobbied Pharmazam’s leadership to reconsider using
`
`Thermo Fisher for lab testing.
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`38.
`
`To that end, Thermo Fisher was given a second opportunity to pitch its proposal to
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`Pharmazam. The opportunity was provided to Thermo Fisher at Moschetto’s insistence and based
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`upon his ongoing business relationship with Thermo Fisher. Pharmazam ultimately decided to
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`engage a different laboratory services provider, not Thermo Fisher.
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`39.
`
`After trying and failing to engender a business relationship between Thermo Fisher
`
`and Pharmazam, Moschetto and Thermo Fisher entered a malevolent partnership and conspired to
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`steal Pharmazam’s confidential and proprietary information.
`
`40.
`
`The conspiracy was simple: Thermo Fisher would provide genetic testing services
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`for Moschetto using Pharmazam’s confidential and proprietary information, the results of which
`
`would be incorporated into the information available to Moschetto’s customers through an app.
`
`41.
`
`As part of that partnership/conspiracy, on November 30, 2018, Thermo Fisher,
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`through Jill Kniebel, who had prior dealings with Pharmazam, entered into a Mutual Non-
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`Disclosure Agreement with Unlock MyDNA,2 a subsidiary of iPathology. Exhibit “B.” As
`
`
`2 Unlock MyDNA was not formed with the Florida Department of State until April 27,
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`2020.
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`9
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`explained above, both Unlock MyDNA and iPathology are owned, controlled and managed by
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`Moschetto.
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`42.
`
`Thermo Fisher and Moschetto’s conspiracy is evidenced by, among others, several
`
`events described below.
`
`43.
`
`First, Moschetto became acquainted with Mr. Anthony Holan. Holan had been
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`initially engaged as an independent contractor of Pharmazam and later became Pharmazam’s Chief
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`Technology Officer. Holan had access to Pharmazam’s proprietary information, including all the
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`source code, trade secrets, patent information, and other highly valuable sensitive and protected
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`information, all of which was protected under, among other things, a Non-Disclosure Agreement
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`executed by Holan on September 26, 2018. Upon information and belief, Moschetto caused Holan
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`to disassemble Pharmazam’s confidential and proprietary mobile app coding, so that Moschetto
`
`could counterfeit a similar app that Moschetto and Holan would use for Thermo Fisher and
`
`Moschetto’s benefit. Upon information and belief, Holan agreed to Moschetto’s proposal.
`
`44.
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`Second, while attending a Kansas City Chiefs football game on December 22, 2018,
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`a third-party witness overheard Moschetto and Holan discussing that they were going to put D2,
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`Pharmazam’s main laboratory partner, out of business and take D2’s platforms for their own
`
`benefit. Most importantly, Moschetto and Holan also discussed Thermo Fisher’s potential benefits,
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`even though Pharmazam had chosen to pursue a different supplier six months prior.
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`45. Moschetto provided Thermo Fisher with Pharmazam’s confidential and proprietary
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`information for Thermo Fisher’s and Moschetto’s commercial benefit.
`
`46.
`
`At that time, Thermo Fisher knew or should have known that Moschetto was a
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`member and director of Pharmazam and that Moschetto and Thermo Fisher were both subject to
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`non-disclosure obligations. Thermo Fisher also knew that its use of Pharmazam’s information to
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`10
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`support a competing business was aiding and abetting a breach of Moschetto’s duties to
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`Pharmazam.
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`47.
`
`Nevertheless, Thermo Fisher and Moschetto furthered and ultimately consummated
`
`their conspiracy despite each having actual knowledge of the wrongfulness of the conspiracy’s
`
`aims and goals.
`
`48.
`
`In a feeble attempt to disguise his culpability, Moschetto often hid his association
`
`with Pharmazam in email communications with Thermo Fisher, instead referring to himself as the
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`President of iPathology.
`
`49.
`
`Pharmazam became aware of Moschetto and Holan’s malevolent plan sometime in
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`early 2019 and on May 10, 2019, Pharmazam sent a cease-and-desist letter to Holan. (the “Cease-
`
`and-Desist-Letter”) Exhibit “C.” In connection with the Cease-and-Desist letter sent to Holan,
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`Pharmazam sent two letters to Leddy asking him to preserve all communications between Holan
`
`and him. Exhibit “D.”
`
`50.
`
`Pharmazam did not know at that time, however, that Thermo Fisher, through Leddy
`
`and Waltman, was also involved with the Moschetto/Holan conspiracy.
`
`51.
`
`Pharmazam only became aware of Thermo Fisher’s actual involvement on or
`
`around May 14, 2020, when Thermo Fisher announced its partnership with Unlock MyDNA, a
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`direct competitor of Pharmazam that was owned, controlled and operated by Moschetto. Exhibit
`
`“E.”
`
`52.
`
`As part of this announcement, Unlock MyDNA published a document on its
`
`website entitled “Pharmacogenomics on Axiom Precision Medicine Diversity Array Results from
`
`Unlock MyDNA Validation Testing” (the “Validation Report”).
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`11
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`53.
`
`The author of the Validation Report is John Still, Senior Manager of Design
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`Strategy/Corporate Communications at Thermo Fisher.
`
`54.
`
`The document has been published and remains published on the website of Thermo
`
`Fisher’s venture partner, Unlock MyDNA.
`
`55. Within the Validation Report, Thermo Fisher reveals its partnership with Unlock
`
`MyDNA on pages 28 and 29 of the published documents.
`
`56.
`
`Unlock MyDNA confirms the venture partnership on its website: “Unlock MyDNA
`
`has spent years working alongside Thermo Fisher Scientific, … in developing, validating, and
`
`perfecting the performance of [their] diagnostic test. We have successfully validated thousands of
`
`live patient samples at a 100% Success Rate, all using Begley’s Rules of Reproducibility.”
`
`57.
`
`The Validation Report contains substantial amounts of Pharmazam’s private and
`
`confidential business information, including a table of genetic markers that is clearly and
`
`repeatedly designated as belonging to Pharmazam. This is evidenced by the fact that the Validation
`
`Report included Pharmazam’s confidential and proprietary information that tied an individual’s
`
`genes to specific disease states, life expectancy, and genetic anomalies, among others. No other
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`genetic testing company other than the Defendants and Thermo Fisher would have been privy to
`
`such information unless they had access to Pharmazam’s proprietary genetic information and
`
`database.
`
`58.
`
`Further, as evidenced in the Validation Report, Thermo Fisher blatantly used
`
`Pharmazam’s name and trademark, “Pharmazam” within the Validation Report without
`
`Pharmazam’s knowledge or consent.
`
`59. Moschetto obtained such information disclosed by Thermo Fisher during his
`
`relationship with Pharmazam.
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`12
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`60.
`
`By publishing the Validation Report, Pharmazam’s confidential and proprietary
`
`business information, including trade secret information, has been exposed to the world, causing
`
`irreparable damage to Pharmazam.
`
`61.
`
`Thermo Fisher and Moschetto knowingly, willfully, and deliberately
`
`misappropriated Pharmazam’s trade secrets and other confidential information with full
`
`knowledge of the secret and confidential nature of that information and of the commercial value
`
`of that information. Thermo Fisher further wrongfully used and unlawfully exploited Pharmazam’s
`
`trade secrets and confidential information, resulting in damage to Pharmazam.
`
`62.
`
` Thermo Fisher and Moschetto, through iPathology and Unlock MyDNA,
`
`advertised, promoted, solicited, sold or offered for sale various services in connection with
`
`Pharmazam’s registered name and mark of “Pharmazam” for Thermo Fisher and Moschetto’s own
`
`benefit without Pharmazam’s knowledge, consent or benefit.
`
`63.
`
`To further their conspiracy, On or around the same time that the partnership was
`
`announced in 2020, Moschetto, through iPathology, published a mobile application called “Unlock
`
`MyDNA.” Exhibit “F.” According to the Unlock MyDNA App,
`
`Unlock MyDNA is The World’s 1st and Only Real-Time Personalized &
`Predictive Medical Management Tracking, Reporting and Notification
`System.
`
`If you take any prescription medication, over-the-counter medication, vitamin or
`supplement, this application can literally Save Your Life.
`
`Unlock MyDNA’s proprietary platform will immediately alert users to how
`they will react to their medications based on THEIR unique genetic profile.
`Unlock MyDNA has compiled one of the most comprehensive medical databases
`in the world to instantly check drug compatibility between:
`
`- Drug to Gene Conflicts – Unlock MyDNA’s exclusive genetic array is
`the most extensive array ever produced, examining over 905,000 genetic
`markers in your genome to identify how you will personally react to any
`prescribed medication, over-the-counter medication, vitamin or
`supplement.
`
`13
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`Case 8:22-cv-02405-MSS-TGW Document 1 Filed 10/20/22 Page 14 of 29 PageID 14
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`- Drug to Drug Conflicts – Unlock MyDNA instantly cross references new
`medications with all of your current medications to identify any adverse
`drug reactions. - Drug to Food Conflicts – Unlock MyDNA immediately
`finds any conflicts between your dietary habits with the medications that
`you are taking.
`
`- Drug to Disease Conflicts – Unlock MyDNA will identify any conflicts
`that may arise from medications you are taking due to any preexisting
`medical conditions.
`
`- Drug to Allergy Interactions – Unlock MyDNA will scan all known
`allergies to ensure that there won’t be any conflicts with your medications.
`
`- Drug to Lifestyle Interactions – Unlock MyDNA will make sure that any
`of your lifestyle choices aren’t causing adverse effects on your medications.
`
`Never before has it been so important to have a complete understanding of your
`body and how you personally will react to specific medications in order to create a
`healthier you.
`
`Our tests have been validated through Thermo Fisher Scientific (TMO-NYSE)
`and Rutgers University and have resulted in 100% accuracy. All studies were
`conducted blindly with experimental control arms, to prevent any bias; all results
`were included in the studies; all tests were replicated to ensure exact duplicate
`results; both positive and negative controls were used on all tests conducted; all
`reagents were validated; and all statistical tests were appropriate and certified by
`Board Certified Geneticists.
`
`(Emphasis added).
`
`64.
`
`Unlock MyDNA’s app plagiarizes Pharmazam’s app, which was on the app store
`
`and made available for download in 2019. Exhibit “G.” Pharmazam’s app states that
`
`The Science of Safer & Better Medication at Your Fingertips
`
`Pharmazam is unfolding a new era where genetic technology can help identify the
`safest and best medications for you based on your DNA, lifestyle, allergies, health
`conditions and more. It’s a revolution in human healthcare, and it’s here today.
`
`Studies show that 40-60% of prescribed meds fail to work because of genetic
`variations. Pharmazam streamlines your medication for more effective results plus
`it helps to protect you against deadly Adverse Drug Reactions.
`
`Pharmazam uses a painless at home DNA test along with your mobile app profile
`to INSTANTLY check if medications are a good match or potentially hazardous.
`If a warning emerges, you can email a detailed report to your doctor to remedy the
`situation before you even visit the pharmacy. The system was designed to help
`make medication more effective for anyone, regardless of their age, gender or
`ethnicity.
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`Case 8:22-cv-02405-MSS-TGW Document 1 Filed 10/20/22 Page 15 of 29 PageID 15
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`Put the science of pharmacogenetics (how your genes affect the body's response to
`medications) to work for you. Boost your health & recovery times, save time &
`money, and most of all, protect against deadly reactions with Pharmazam!
`
`Check Drug Compatibility:
`
`• Drug to Gene – Select more effective & less toxic medications
`
`• Drug to Drug – Instantly scan over 130,000 medications
`
`• Drug to Illness – Check for conflicts between illnesses & medications
`
`• Drug to Lifestyle & Diet – Find conflicts between your medications, diet
`& lifestyle
`
`• Drug to Allergies – See if medications conflict with your known allergies
`
`Summary
`
`65.
`
`Undeniably, Thermo Fisher has intentionally and wrongfully misappropriated
`
`Pharmazam’s confidential and proprietary information and has used such confidential and
`
`proprietary information to wrongfully compete with Pharmazam in the field of genetic testing
`
`services.
`
`66.
`
`Thermo Fisher’s breach of confidence and trust through the unauthorized disclosure
`
`and use of Pharmazam’s trade secrets and confidential information by Thermo Fisher, and the
`
`misappropriation of Pharmazam’s trade secrets and confidential information, is and continues to
`
`be greatly and irreparably damaging to Pharmazam, and Thermo Fisher will continue so to damage
`
`Pharmazam unless restrained by this Court.
`
`67.
`
`Thermo Fisher did not incur the expense and spent the time necessary to research
`
`and develop its own products, technology, sources, processes, procedures, equipment, and the like,
`
`for genetic testing services, but instead misappropriated, frankly, stole, this information from
`
`Pharmazam.
`
`68.
`
`Thermo Fisher’s actions have caused Pharmazam damages to the tune of several
`
`millions of dollars because, in addition to having Pharmazam’s confidential and proprietary
`
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`Case 8:22-cv-02405-MSS-TGW Document 1 Filed 10/20/22 Page 16 of 29 PageID 16
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`information stolen, Pharmazam has lost several large contracts with national companies to conduct
`
`testing on these companies’ employees, potentially saving hundreds of thousands of lives.
`
`69.
`
`Pharmazam have been forced to retain the undersigned attorneys to represent them
`
`in this action and has agreed to pay them a reasonable fee for the services rendered.
`
`70.
`
`All conditions precedent to the maintenance of this suit have occurred, have been
`
`performed, or have been waived.
`
`COUNT I
`Misappropriation of Trade Secrets – Fla. Stat. § 688
`
`71.
`
`This is an action for misappropriation of Pharmazam’s trade secrets under Florida
`
`law.
`
`72.
`
`Pharmazam re-alleges and incorporates by reference its allegations in paragraphs
`
`1–70 above.
`
`73.
`
`Pharmazam has trade secrets, such as its proprietary genetic data tables3 (such as
`
`the portions included in the Validation Report), proprietary software created by Pharmazam that
`
`allows it to create its genetic data tables, the algorithms created to run the proprietary software and
`
`create new genetic tables, proprietary business processes that allow Pharmazam to operate in
`
`compliance with the FDA, Board of Medicine, and HIPAA laws, hundreds of thousands of lines
`
`of software code, proprietary third-party database integrations such as First Data Bank, trademarks,
`
`patents, and processes, among other things.
`
`
`3 The genetic tables include and have confidential and proprietary research that determines
`genetic mutations, genetic anomalies, all known potential future disease states in the individual,
`what over-the-counter medications and prescribed drugs will not work and could even cause death,
`what medications that do work, what medications that can work together on a patient most
`effectively by patient-to-patient bases, what is a patient’s correct medication dosages, and much
`more.
`
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`
`

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`Case 8:22-cv-02405-MSS-TGW Document 1 Filed 10/20/22 Page 17 of 29 PageID 17
`
`74.
`
`Pharmazam’s trade secrets cost Pharmazam millions of dollars to create and are
`
`and were only available to select individuals working at Pharmazam.
`
`75.
`
`76.
`
`Pharmazam is the sole owner of its trade secrets.
`
`Pharmazam took reasonable steps to maintain the secrecy of its trade secrets. For
`
`example, because of the confidential and proprietary nature of the trade secrets, Pharmazam
`
`executed several non-disclosure agreements and incorporated several restrictive covenants in its
`
`Operating Agreement.
`
`77.
`
`Pharmazam’s trade secrets have independent economic value as they were not
`
`generally known to other persons or businesses and could not be ascertained through proper means.
`
`78.
`
`Before Thermo Fisher’s misappropriation, Pharmazam’s trade secrets could not
`
`have been replicated or reverse engineered.
`
`79.
`
`Pharmazam disclosed its trade secrets to Thermo Fisher under the protections
`
`afforded by the NDA.
`
`80.
`
`Thermo Fisher learned about Pharmazam’s trade secrets under the circumstances
`
`giving rise to an express duty to maintain the secrecy of the Trade Secrets and to limit the use or
`
`disclosure of Pharmazam’s trade secrets to business-related matters.
`
`81.
`
`Thermo Fisher knew that Pharmazam considered its trade secrets, which were not
`
`publicly available information and cost Pharmazam millions of thousands of dollars to create, to
`
`be protected and not subject to disclosure under the NDA.
`
`82. Without Pharmazam’s express or implied consent, Thermo Fisher conspired with
`
`Moschetto, through himself and iPatholo