Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 1 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 1 of 24
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`CIVIL COVER SHEET
`1844 (ev: 10/20)
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplementthefiling and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,is required for the use of the Clerk of Court for the
`
`purposeofinitiating the civil docket sheet.
`(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM,}
`I. (a) PLAINTIFFS
`DEFENDANTS
`
`West Pharmaceutical Services, Inc.
`
`Masciopinto, Vincent
`
`(b) County of Residence of First Listed Plaintiff Chester Coun ty
`(EXCEPTIN U.S. PLAINTIFF CASES)
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`INLAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED,
`
`NOTE:
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`Attorneys (IfKnown)
`
`See attached.
`
`
`C] 1 US, Government
`Plaintiff
`
`| 3 Federal Question
`(U.S. GovernmentNota Party)
`
`(For Diversity Cases Only)
`PIF
`[.]1
`
`Citizen of This State
`
`DEF
`[[]
`1
`
`and One Boxfor Defendant)
`PIF
`[x] 4
`
`Incorporated or Principal Place
`of BusinessIn This State
`
`DEF
`[]4
`
`[_]2 U.S. Goverment
`Defendant
`
`[x]4 Diversity
`(indicate Citizenship ofParties in Item III)
`
`Citizen ofAnotherState
`
`[12
`
`[x] 2
`
`IncorporatedandPrincipalPlace
`of Business In AnotherState
`
`[]5 []5
`
`[]6 [J6
`
`
`
`
`
`
`
`
`
`
`
`[] 3 Remanded from
`Appellate Court
`
`[-]4 Reinstated or
`Reopened
`
`(See instructions):
`
`JUDGE
`SIGNATURECS
`
`DOCKET NUMBER
`
`DATE
`
`11-16-2021
`
`FOR OFFICE USE ONLY
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG, JUDGE
`
`II. BASIS OF JURISDICTION (Piace an “‘"in One Box Only) II. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X”in One BoxforPlaintiff
`
`
`
`
`
`
`
`
`Citizen or Subject ofa
`L]3
`[_]
`3.
`Foreign Nation
`
`Foreign Country
`
`
`IV. NATURE OFSUIT(ptace an <x” in One Box Oniy) Click here for:NatureofSuitCode Descriptions.
`
`
`
`
`
`
`110 Insurance PERSONALINJURY | |625 Drug Related Seizure|| 422 Appeal 28 USC 158|| 375 False Claims ActPERSONAL INJURY
`
`
`
`
`
`
`120 Marine of Property 21 USC 881||| 423 Withdrawal|_| 310 Airplane [_] 365 PersonalInjury - |_| 376 Qui Tam (31 USC
`
`
`
`
`
`
`|_| 315 Airplane Product
`| 1690 Other
`28 USC 157
`130 Miller Act
`Product Liability
`3729(a))
`
`a
`| P4t}Negotmable Instrument
`Liability
`(EL) 367HeathCare?
`400 State Reapportionment
`
`
`
`
`PR
`7
`Cl 150 Recovery of Overpayment
`320 Assault, Libel &
`Pharmaceutical
`410 Antitrust
`
`
`
`|| 820 Copyrights
`& Enforcement of Judemant
`Slander
`PorsonalInjury
`430 Danks aud Baking
`
`
`
`830 Patent
`[_] 151 Medicare Act
`330 Federal Employers’
`Product Liability
`450 Commerce
`
`|_} 835 Patent - Abbreviated
`[| 152 Recovery ofDefaulted
`Liability
`C 368 Asbestos Personal
`460 Deportation
`
`
`
`
`
`New Drug Application
`i
`Student Loans
`340 Marine
`Injury Product
`470 Racketeer Influenced and
`
`
`
`
`840 Trademark
`(Excludes Veterans)
`345 Marine Product
`Liability
`Corrupt Organizations
`
`
`
`880 Defend Trade Secrets
`LABOR
`[_J153 Recovery of Overpayment
`Liability
`PERSONAL PROPERTY
`480 ConsumerCredit
`
`
`
`
`Act
`L] 160 Stockholders’ Suits
`|_| 355 Motor Vehicle
`H 371 TruthinLending
`485 Telephone Consumer
`|_| 350 MotorVehicle
`|_| 710Fair Labor Standards
`Act of 2016
`of Veteran’s Benefits
`370 Other Fraud
`(15 USC 1681 or 1692)
`
`
`
`
`
`
`
`IT}
`|_|720 Labor/Management
`[x] 190 Other Contract
`ProductLiability
`C] 380 Other Personal
`Protection Act
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`
`
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`195 Contract Product Liability|| 360 Other Personal Property Damage Relations |_| 861 HIA (1395ff) 490 Cable/Sat TV
`
`
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`196 Franchise
`C 385 Property Damage
`862 Black Lung (923)
`Injury
`74t) Railway Labor Act
`850 Secunities/Commodities/
`
`
`Product Liability
`863 DIWC/DIWW (405(g))
`|
`|_| 362 PersonalInjury -
`751 Family and Medical
`Exchange
`
`
`
`
`Medical Malpractice
`864 SSID Title XVI
`Leave Act
`890 Other Statutory Actions
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`
`
`
`
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`
`
`PRISONER PEI
`865 RSI (405(g))
`REAL PROPERTY
`CIVIL RIGHTS
`790 Other LaborLitigation
`891 Agricultural Acts
`
`Habeas Corpus:
`|_}
`210 Land Condemnation
`440 Other Civil Rights
`791 Employee Retirement
`893 Environmental Matters
`
`
`
`
`
`
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`|__| 463 Alien Detainee
`FEDERA
`AX SUITS
`|
`|_| 220 Foreclosure
`Income Security Act
`441 Voting
`895 Freedom of Information
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`
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`| 230 Rent Lease & Ejectment ||510 Motions to Vacate442 Employment 870 Taxes (U.S.Plaintiff Act
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`
`
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`
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`240 Torts to Land
`443 Housing/
`Sentence
`or Defendant)
`896 Arbitration
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`|_| 530 General
`LI 871 IRS—Third Party
`245 Tort ProductLiability
`Accommodations
`899 Administrative Procedure
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`
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`[itd 290 All Other Real Property |_| 445 Amer. w/Disabilities -[7]535 Death Penalty 26 USC 7609 Act/Review or Appeal of
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`
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`_ Other:
`|_|462 Naturalization Application
`Employment
`Agency Decision
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`
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`|_| 446 Amer. w/Disabilities -[_]
`|” |465 Other Immigration
`|_| 950 Constitutionality of
`540 Mandamus & Other
`
`
`
`Other
`
`Actions
`550 Civil Rights
`State Statutes
`
`
`|_| 448 Education
`555 Prison Condition
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`560 Civil Detainee -
`Conditions of
`
`
`
`Confinement
`
`V. ORIGIN (Place an “X”in One Box Only)
`1 Original
`[]2 Removed from
`(] 8 Multidistrict
`[7] 5 Transferred from [] 6 Multidistrict
`Proceeding
`State Court
`Litigation -
`Another District
`Litigation -
`(specify)
`
`Transfer Direct File
`
`Cite the U.S. Civil Statute under which youarefiling (Do notcitejurisdictional statutes unless diversity):
`
`18.U.S.C. 1332
`
`VI. CAUSE OF ACTION
`
`Briefdescription of cause:
`
`
`Breach of contract and misappropriation of trade secrets
` [] CHECK IFTHISIS A CLASS ACTION
`DEMAND$
`VU. REQUESTEDIN
`CHECK YESonly if demanded in complaint:
`COMPLAINT:
`UNDER RULE23, F.R.Cv.P.
`Injunction
`JURY DEMAND:
`—[lYes__
`[kK] No
`VIII. RELATED CASE(S)
`IF ANY
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 2 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 2 of 24
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`ATTORNEYSFOR PLAINTIFFS
`
`Law Office of Michael LiPuma
`
`Michael LiPuma #74790
`325 Chestnut Street, Suite 1190
`Philadelphia, PA 19106
`Tel: (215) 922-2126
`
`Bryan Cave Leighton Paisner LLP
`
`Kenneth J. Mallin (pro hac vice application forthcoming)
`Amanda E. Colvin (pro hac vice application forthcoming)
`One Metropolitan Square
`211 North Broadway Suite 3600
`St. Louis, MO 63102
`Tel: (314) 259-2000
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 3 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 3 of 24
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`UNITED STATESDISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`DESIGNATION FORM
`(to be used by counsel orpro se plaintiffto indicate the category ofthe casefor the purpose ofassignment to the appropriate calendar)
`AddressofPlaintiff:
`530 Herman O. West Drive, Exton, PA 19341
`
`Address of Defendant:
`18941 North 91st Way, Scottsdale, AZ 85255
`
`Place of Accident, Incident or Transaction:
`Pen nsylvan la
`
`RELATED CASE, IF ANY:
`
`Judge:
`
`Case Number:
`
`Date Terminated:
`
`Civil cases are deemed related when Yes is answered to anyofthe following questions:
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`1. Yes[| Nol¥Is this case related to property included in an earlier numbered suit pending or within one year
`
`
`
`Doesthis case involve the same issue offact or grow outofthe same transaction as a priorsuit Yes[| No
`
`previously terminated action in this court?
`
`pending or within one year previously terminatedaction in this court?
`
`Doesthis case involve the validity or infringementofa patent already in suit or anyearlier Yes[| No
`
`
`Is this case a second or successive habeas corpus, social security appeal, or pro se civil rights
`Yes [|
`No
`
`nuwibered case pendiay v1 within one year previously terminated action of this court?
`
`case filed by the same individual?
`
`I certify that, to my knowledge, the within case [is / [2] is not
`this court except as noted above.
`
`pare, 11/16/2021
`
`related to any case now pendingor within one year previously terminated action in
`
`ODee 74790
`
`slttorney-at-Law /Pro Se Plaintiff
`
`Attorney LD. # (ifapplicable)
`
`bs Diversity Jurisdiction Cases:
`
`DOOOOOOO8
`
`Insurance Contract and Other Contracts
`Airplane Personal Injury
`Assault, Defamation
`Marine Personal Injury
`Motor Vehicle Personal Injury
`Other PersonalInjury (Please specify):
`Products Liability
`ProductsLiability — Asbestos
`All other Diversity Cases
`(Please specify):
`
`CIVIL: (Placea V in one category only)
`A,
`
`Federal Question Cases:
`
`Indomnity Contract, Marino Contract, and All Othor Contracts
`FELA
`
`Jones Act-Personal Injury
`Antitrust
`Patent
`
`Labor-ManagementRelations
`Civil Rights
`Habeas Corpus
`Securities Act(s) Cases
`. Social Security Review Cases
`. All other Federal Question Cases
`
`(Please specify):
`
`1.
`2.
`3.
`4.
`5.
`6.
`7.
`8.
`9.
`
`1 1
`
`Ol
`
`COQ
`
`l
`C]
`LI
`
`OFO
`
`ARBITRATION CERTIFICATION
`(The effect ofthis certification is to remove the casefromeligibilityfor arbitration.)
`
`Michael LiPuma
`
`
`. counsel of recordor prose plaintiff, do hereby certify:
`
`Pursuantto Local Civil Rule 53.2, § 3(c) (2), that to the best of my knowledge andbelief, the damages recoverable in this civil action case
`exceed the sum of $150,000.00 exclusive of interest and costs:
`
`Relief other than monetary damages is sought.
`
`NOTE: A trial de novo will be a trial by jury only if there has been compliance with F.R.C.P.38.
`
`pam 11/16/2021
`
`
`
`Coktemitic
`
`74790
`
`Civ, 609 (5/3018)
`
`Attorney-at-Law/ Pro Se Plaintiff
`
`Attorney ID. # (ifapplicable)
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 4 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 4 of 24
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`
`WEST PHARMACEUTICAL SERVICES,
`
`INC.,
`
`Plaintiff,
`
`V.
`VINCENT MASCIOPINTO,
`
`:
`
`,
`:
`
`Defendant.
`
`
`CIVIL ACTION
`
`No.
`
`VERIFIED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
`
`Comes now Plaintiff, West Pharmaceutical Services, Inc. (“West”), and states as follows
`
`for its Verified Complaint for Injunctive and Other Relief against Defendant, Vincent Masciopinto
`
`(“Masciopinto”):
`
`INTRODUCTION
`
`1.
`
`This is an action by West against Masciopinto for injunctive and otherrelief for
`
`breaching his Employee Confidentiality Agreement and his Restricted Stock Unit Award
`
`Agreement.
`
`In addition, West seeks relief under the Defend Trade Secrets Act of 2016 and
`
`Pennsylvania’s Uniform Trade Secret Act.
`
`2.
`
`West
`
`is a leading global manufacturer
`
`in the design and production of
`
`technologically advanced, high-quality, integrated containment and delivery systemsfor injectable
`
`medicines. Working by the side of its customers from concept to patient, West creates products
`
`that promote the efficiency, reliability and safety of the world's pharmaceutical drug supply.
`
`3.
`
`West employed Masciopinto for over 7 years. At the outset of his employment,
`
`Masciopinto executed an Employee Confidentiality Agreement in which he agreed, among other
`
`604449887
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 5 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 5 of 24
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`things, to protect West’s confidential information. Masciopinto also agreed to protect confidential
`
`information provided to West by its customers and potential customers.
`
`In addition, West
`
`distributed, and Masciopinto received, West’s Code of Business Conduct,
`
`in which he was
`
`instructed:
`
`To maintain our competitive advantage, you must safeguard the Company’s proprietary
`and confidential information in the same waythatall other important Companyassets are
`protected. Confidential information includes information concerning pricing, products and
`services under development, and any other non-public information that might be of use to
`competitors, or that could be harmful to West or its customers if disclosed. Further,
`confidential information should not be used for any purpose except to benefit West’s
`business, and it should only be provided to those employees within West who have a need
`to know such information.
`
`West’s Code of Business Conduct, Edition 5, p. 22. Masciopinto certified annually that he read
`
`and will comply with West’s Code of Business Conduct. His most recentcertification was dated
`
`November25, 2020.
`
`4.
`
`Most
`
`recently, West awarded Masciopinto forty-four restricted stock units
`
`(“RSU’s”) under the terms of a Restricted Stock Unit Award Agreement (“RSU Agreement”) in
`
`recognition of his service to West.
`
`In February 2021, eleven of those RSU’s vested and were
`
`received by Masciopinto.
`
`5.
`
`Effective October 8, 2021, Vince resigned from West.
`
`Shortly thereafter,
`
`Masciopinto took a position as Director, Alliance Manager, at Eitan Group North America Inc.
`
`(“Eitan Medical”), Upon information and belief, Eitan Medical is also known as Sorrel Medical.
`
`6.
`
`Eitan Medical is a direct competitor of West with regard to proprietary medical
`
`devices. According to Eitan Medical, it is “reimagining drug delivery with reliable innovation that
`
`puts patients at the center of care, making infusion easier and safer than ever before. The Sorrel
`
`product line focuses on the development and manufacturing of wearable drug delivery solutions
`
`for easy andefficient self-administration.” Sorrel Medical LinkedIn.
`
`604449887
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 6 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 6 of 24
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`7.
`
`West manufactures a proprietary family of medical device products under the
`
`brand name of SmartDose®. Most recently, West began to manufacture the SmartDose® 10mL
`
`injector (“SmartDose 10”). SmartDose 10 enables subcutaneousdelivery of a wide range of drug
`
`formulations.
`
`SmartDose 10 offers patients an easy-to-use method for home-based drug
`
`administration. SmartDose 10 adheres to the patient’s body, so patients can remain hands-free
`
`during the injection, which may range from minutes to hours. West is currently working with
`
`many pharmaceutical companies,
`
`including scPharmaceuticals Inc. and another well-known
`
`pharmaceutical company,' to commercialize and market SmartDose 10.
`
`8.
`
`Upon information and belief, Eitan Medical
`
`is attempting to complete its
`
`development of a competitive product to West’s SmartDose 10. For example, Eitan Medical is
`
`currently advertising for a position in Masciopinto’s group (Alliance) in which it indicates that:
`
`combining
`companies,
`pharmaceutical
`global
`partners with
`[Eitan Medical]
`pharmaceutical drug product with the Eitan Medical Sorrel wearable injectors. We are
`looking for a highly responsible and detail oriented professional to managethealliance
`between Eitan Medical, as the developer and manufacturer of the device constituent, and
`the pharmaceutical partners. Responsibilities start from early feasibility stage to clinical
`studies and through commercial. The position is a high-level position which includes
`managing a team and reporting the business unit General Manager.
`
`Eitan Medical Website.
`
`In addition, Eitan Medical’s website indicates that “[t]his role will have
`
`high visibility with Eitan Medical’s strategic alliance partners, as well as within the Eitan Medical
`
`organization.” Id.
`
`9.
`
`On October 11, 2021, West’s counsel wrote Masciopinto indicating that his
`
`employment with Eitan Medical violated the terms of his Employee Confidentiality Agreement
`
`and the RSU Agreement. Masciopinto ignored the warningsin this letter and took the position
`
`West cannot publicly disclose this other company under the terms of a confidentiality
`\
`provision ofits existing SmartDose 10 development agreement. However, Masciopinto worked
`directly with both scPharmaceuticals Inc. and this other company.
`
`604449887
`
`3
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`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 7 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 7 of 24
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`with Eitan Medical. Heis therefore in breach of his agreements with West, has disclosed or will
`
`inevitably disclose West’s confidential information, especially with respect to SmartDose 10 to
`
`Eitan Medical, and has violated or will inevitably violate the Defend Trade Secrets Act of 2016
`
`and the Pennsylvania Trade Secrets Acts.
`
`10.
`
`West now seeks injunctive and other relief from Masciopinto.
`
`PARTIES, JURISDICTION, AND VENUE
`
`11.
`
`West Pharmaceutical Services, Inc. is a Pennsylvania corporation with its principal
`
`place of business at 530 Herman O. West Drive, Exton, Pennsylvania 19341. Masciopinto was
`
`employed by West’s wholly owned subsidiary, West Pharmaceutical Services AZ, Inc.
`
`12.
`
`Uponinformation and belief, Masciopinto is a citizen of Arizona whoresidesat
`
`18941 North 91%' Way, Scottsdale, Arizona 85255.
`
`13.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 because
`
`this lawsuit is between citizens of different states, and the matter in controversy exceeds $75,000.
`
`In addition, this Court has subject matter jurisdiction under the Defend Trade Secrets Act of 2016,
`
`18 U.S.C. § 1836, as amended. The Court has supplemental jurisdiction over the claims with
`
`regard to the Pennsylvania Trade Secrets Act.
`
`14.
`
`This Court has personal jurisdiction over Masciopinto because he purposefully
`
`availed himself of the Pennsylvania market by entering into a series of agreements with West as
`
`described herein, and purposefully directed his business activities into this commonwealth,
`
`including the Eastern District of Pennsylvania.
`
`604449887
`
`

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`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 8 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 8 of 24
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`FACTUAL BACKGROUND
`
`WEST’S BUSINESS
`
`15. West
`
`is a leading global manufacturer
`
`in the design and production of
`
`technologically advanced, high-quality, integrated containment and delivery systemsfor injectable
`
`medicines. West is a trusted partner to the world’s top pharmaceutical and biotechnology
`
`companies working by their side to improvepatient health.
`
`16.
`
`The pharmaceutical industry for medical devices is highly competitive, and a
`
`company’s competitive advantage is substantially dependentonits ability not only to preserveits
`
`technical and scientific secrets, but also to keep confidential its plans for the release, regulatory
`
`approval, and marketing of its products.
`
`
`
`17.|West expends substantial time and effort to determine what products to
`
`
`
`
`
`manufacture, and the budgeting and release, approval, and marketing plans for these products.
`
`This information is confidential to West and is not generally knownto or readily accessible by
`
`other persons outside of West.
`
`18.
`
`West allows its employees access to West’s confidential information in order to act
`
`in furtherance of its business interests. However, West’s confidential information is not generally
`
`knownto the public and is the subject of reasonable efforts by the company designed to safeguard
`
`its secrecy, and West further protects its confidential information through non-competition, non-
`
`solicitation, and confidentiality agreements.
`
`19.
`
`Among its products, West makes SmartDose 10.
`
`Smart Dose 10 enables
`
`subcutaneous delivery of drug formulations over a wide range of viscosities and volumes.
`
`SmartDose 10 offers patients an easy-to-use method for home-based drug administration.
`
`SmartDose 10 adheres to the patient’s body, so patients can remain hands-free during the injection,
`
`604449887
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 9 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 9 of 24
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`which may range from minutes to hours. At present, West is currently working with many
`
`pharmaceutical
`
`companies,
`
`including scPharmaceuticals
`
`Inc.
`
`and
`
`another well-known
`
`pharmaceutical company, to commercialize and market SmartDose 10.
`
`MASCIOPINTO’S EMPLOYMENT WITH WEST
`
`20.
`
`In June 2014, West hired Masciopinto. Over time, Masciopinto held several
`
`positions at West,
`
`including Program Manager (June 2014 to September 2016), Manager,
`
`Operations, Rockford (September 2016 to July 2018), Senior Sales / Account Manager(July 2018
`
`to June 2020), Platform Senior Manager, Portfolio Systems, I&T (June 2020 to March 2021), and
`
`Program Director, Research & Development (March 2021 to October 2021).
`
`BA;
`
`In his last position at West, Masciopinto was charged with successful execution of
`
`the relationships with scPharmaceuticals Inc. and a second pharmaceutical company, with respect
`
`to SmartDose 10. In addition, he was responsible for:
`
`collaborating with customers and internal stakeholders and jointly executing successful
`regulatory approval and launch of combination products [SmartDose 10]. This role will
`develop a sustainable plan of execution for assigned combination product commercial
`programs with participation from commercial, product management, quality, regulatory
`and operations. Directing assigned cross-functional teams with constant monitoring and
`adapting to changing needs with appropriate risk managementstrategies. This role is
`responsible for
`the management
`and reporting of all
`applicable data for
`the
`project/program.
`They will communicate at all
`levels of the organization and be
`responsible for recognizing and engaging key stakeholders and cross-functional resources
`throughout the process.
`
`West Job Description, Program Director.
`
`22.
`
`In addition, West charged Masciopinto with these “[e]ssential” duties and
`
`responsibilities:
`
`°
`
`Direct cross-functional teams, in the execution of customerspecific combination
`product programs; in partnership with commercial, product management, quality,
`regulatory and operations.
`
`604449887
`
`

`

`Case 2:21-cv-05054 Document 1 Filed 11/16/21 Page 10 of 24
`Case 2:21-cv-05054 Document1 Filed 11/16/21 Page 10 of 24
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`°
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`°
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`°
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`e
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`°
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`Provide support in the creation of development agreement (DA’s) for West device
`platforms for combination products in collaboration and participation from
`commercial, product management, quality, regulatory and operations.
`
`Understands customers’ requirements and needs during a development agreement
`to define a standard method how West will communicate, track and monitor
`performanceto customers and West stakeholder.
`
`Establish and lead communication plan, governance and changecontrols with
`customer and West stakeholders to drive mutually beneficial and predictable
`results during combination product developmentprocess.
`
`Conduct routine program managementreviews with Project Teams & Sr.
`Management.
`
`Coordinate resource allocation & constraints with functional managers, program
`managers.
`
`Collaborate with supervisor/stakeholders to establish project priorities & meet
`timelines.
`
`Analyze, forecast, and report program budgets in collaboration with program
`managers and functional managers.
`
`Ensure the various teams are collaborating across the enterprise, across various
`groups, and builds a high-performance environment.
`
`Ensure that the West Product Development Process & methods are implemented
`on customer combination product development programs.
`
`Communicates key messages, goals, and objectives to team membersin their
`local geographies or business units to drive alignment and a high-performance
`culture.
`
`Performsother duties as assigned based on business needs.
`
`Conforms with and abides by all regulations, policies, work procedures,
`instruction, andall safety rules.
`
`West Job Description, Program Director.
`
`23.
`
`In all of his roles at West, West provided Masciopinto with its confidential
`
`information about its products, research and development, and go-to-marketstrategies. Since June
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`2020, Masciopinto played a critical role in the commercialization of SmartDose and worked
`
`closely with scPharmaceuticals Inc. and another company with regard to SmartDose 10.
`
`24.
`
`In Masciopinto’s role at West, Masciopinto received a tremendous amount of
`
`highly confidential and competitively valuable material to review and use for West’s benefit. For
`
`example, West provided Masciopinto substantial and detailed information regardingall of West’s
`
`products, especially SmartDose 10, and other products and development products in West’s
`
`manufacturing and sales pipeline. More specifically, West provided Masciopinto, or he had access
`
`to, detailed strategy updates on West’s product pipeline, including the identity of specific products
`
`in development, and the budget,
`
`timeline, filing strategy,
`
`launch strategy, risk assessment,
`
`competitive analysis, and strengths and weaknesses of products in the pipeline (including those
`
`products that compete with or will compete with Eitan Medical’s products).
`
`25.
`
`In Masciopinto’s role at West, Masciopinto also participated in weekly, monthly
`
`and quarterly staff meetings, and other quarterly forums, during which substantial and detailed
`
`information regarding all of West’s products, especially SmartDose 10, and other products and
`
`development products in West’s manufacturing and sales pipeline were discussed in detail.
`
`Masciopinto was also provided West’s Research and Development monthly business review, a
`
`compilation of West’s key projects across the entire company,
`
`into which West
`
`inputted
`
`information and data about the current status and activities regarding SmartDose 10 and from
`
`which Westhasaccess to similar research and developmentactivities about all ofWest’s products.
`
`26. West also provided Masciopinto with, or he had access to, the strategic plan for
`
`West’s entire SmartDose 10 business, especially its ongoing relationships, developments, and
`
`current and future strategies with scPharmaceuticals Inc. and other pharmaceutical companies.
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`27.
`
`All of this information provided to Masciopinto, or to which he hadaccess,is highly
`
`confidential and extremely competitively valuable to West.
`
`In addition, if disclosed or inevitably
`
`disclosed,
`
`it would provide Eitan Medical and other competitors to West with a substantial
`
`competitive advantage over West if they possessedit.
`
`MASCIOPINTO’S AGREEMENTS WITH WEST
`
`28.
`
`As acondition of his employment with West and to protect West’s confidential
`
`information, on June 16, 2014, Masciopinto executed an Employee Confidentiality Agreement
`
`with West and its Subsidiaries (a true and accurate copy of the Employee Confidentiality
`
`Agreementis attached as Exhibit 1).
`
`29._In the Employee Confidentiality Agreement, Masciopinto agreed as follows:
`
`I will not, during or after my employment with the Company [West], use for myself or
`others, or disclose to others, any formulae, trade secrets, know-how, Inventions which are
`the Company’s property, data provided to the Companybyclients, customers,or licensors,
`including Inventions owned by Third Parties .
`.
`.
`, or other confidential matters of the
`Company orits affiliates unless authorized in writing to do so by the Company.
`I
`understand that (a) the Company keeps these matters confidential and secret, (b) these
`confidential matters would be of great value to competitors, and (c) if these confidential
`matters were known to the Company’s competitors, the Company would be harmed.
`
`Exhibit 1, § 4.
`
`30.
`
`In the Employee Confidentiality Agreement, Masciopinto also agreed that:
`
`As used in this agreement, “confidential matters of the Company”includesall information
`of a technical, commercial or other nature and any other information not madeavailable to
`the general public, including, but not limited to information covered by a confidentiality
`agreement. Without limiting the scope of what constitutes confidential matters of the
`Company, I agree that these matters include: .
`.
`. (j) designs for new products.
`
`Exhibit 1, § 4.
`
`31.
`
`In the Employee Confidentiality Agreement, Masciopinto also agreedthat:
`
`You understand that, in dealing with existing and potential customers, clients, licensees,
`licensors, suppliers, contracting parties and otherthird parties with which the Companyhas
`businessrelations or potential business relations (“Third Parties’), the Company frequently
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`receives confidential and proprietary information and materials from these Third Parties
`subject to the Company’s understanding that the Companywill maintain the confidentiality
`of such information and the Company requires its employees and consultants to do so.
`.
`.
`. You agreeto treat all such information and materials as confidential information subject
`to this Agreement.
`
`Exhibit 1, § 5.
`
`32.
`
`Inthe Employee Confidentiality Agreement, Masciopinto also agreedthat:
`
`I acknowledge that a breach of this agreement will cause the Company immediate and
`irreparable harm for which the Company’s remedies at law (such as money damages)will
`be inadequate. The Company shall have the right, in addition to any otherrights it may
`have, to obtain an injunctionto restrain any breach or threatened breach of this Agreement.
`
`Exhibit 1, § 7.
`
`33.
`
`In the Employee Confidentiality Agreement, Masciopinto also agreedthat:
`
`If suit is brought to enforce this Agreement, the party which substantially prevails on the
`merits is entitled to recover as an element of costs of suit, and not as damages, reasonable
`attorneys’ fees and expensesand all expert witnesses’ fees and expenses incurred by the
`prevailing party.
`
`Exhibit 1, § 7.
`
`34.
`
`Inthe Employee Confidentiality Agreement, Masciopinto also agreedthat:
`
`. will be governed by the substantive laws of the Commonwealth of
`.
`This agreement .
`Pennsylvania, without regard to its conflict of laws provisions. Any disputes relating to
`this agreementor the actions it contemplates must be broughtin the state courts located in
`Chester County, Pennsylvania or the federal district court for the Eastern District of
`Pennsylvania.
`
`Exhibit 1, § 9(e).
`
`35.
`
`In recognition of Masciopinto’s services to West, on February 18, 2020, West
`
`awardedcertain restricted stock units to Masciopinto accordingto the terms ofthe RSU Agreement
`
`(a true and accurate copy of which is attached as Exhibit 2).
`
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`36.
`
`In consideration for the restricted stock units that West awarded Masciopinto under
`
`the RSU Agreement, Masciopinto agreed, among other things, that during his employment with
`
`West and for a one-year period thereafter, he would not directly or indirectly:
`
`1.
`
`engage in competition with, or acquire a direct or indirect interest or an option to
`acquire such an interest in any Person engaged in competition with, the Company’s
`Business(other than an interest of not more than 5 percent of the outstanding stock
`of any publicly traded company);
`
`serve as a director, officer, employee or consultant of, or furnish information to, or
`otherwise facilitate the efforts of, any Person engaged in competition with the
`Company’s Business;
`
`solicit, employ, interfere with or attempt to entice away from the Company any
`employee whohas been employed by the Company in connection with the conduct
`of the Company’s Business within one year prior to such solicitation, employment,
`iilerference or-enlicement—or
`
`for the purposes of engaging in competition with the Company’s Business
`approach, or solicit any Person which at any time during the year immediately
`preceding the date of your termination of employment:
`
`was employed by a customer, client, supplier, agent or distributor of the
`a.
`Company;
`
`was employed by a customer, client, supplier, agent or distributor of the
`b.
`Company with whom employeesreporting to or under your direct control had
`personal contact on behalf of the Company; or
`
`wasa Person with whom youhad regular, substantial or a series of business
`C.
`dealings on behalf of the Company (whether or not a customer, client, supplier,
`agent or distributor of the Company).
`
`Exhibit 2, pp.
`
`1-2.
`
`37.
`
`In the RSU Agreement, Masciopinto also agreed that:
`
`The “Company’s Business” means, in the relevant geographic scope for which you had
`responsibility or oversight: (A) the development and manufacture of devices to connect,
`interface and mix injectable drugsin all forms of drug packaging, being conducted by the
`Company and its Affiliates; (B) the development, manufacture and sale of stoppers,
`closures, containers, medical devices and medical device components and assemblies made
`from elastomer, metal and plastic for the healthcare and consumerproducts industries being
`carr