2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 1 of 25
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF SOUTH CAROLINA
`CHARLESTON DIVISION
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`Belimed, Inc.
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`v.
`Jeffrey Bleecker,
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`Plaintiff,
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`Defendant.
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`2:22-cv-00891-DCN
`Civil Action No. __________________
`VERIFIED COMPLAINT
`(PRELIMINARY INJUNCTION REQUESTED)
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`Plaintiff Belimed, Inc. (“Belimed”), by and through its undersigned counsel, hereby
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`brings the following Verified Complaint for preliminary and permanent injunctive relief,
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`monetary damages, and other relief against its former employee, defendant Jeffrey Bleecker, for
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`his violation of his Non-Disclosure, Non-Solicitation, and Non-Competition Agreement (the
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`“Agreement”) with Belimed. In this case, Defendant Bleecker expressly agreed that because he
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`was privy to Belimed’s confidential and proprietary trade secret and business information that he
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`would not work for Belimed’s direct competitor Getinge Corporation (“Getinge”) for one year
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`following his departure from Belimed. Bleecker left Belimed at the end of 2021 and informed
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`Belimed that he would be returning to his own general contracting business. Belimed, however,
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`learned very recently that Bleecker has gone to work in a similar role at Getinge in direct
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`violation of his agreement not to do exactly that. Bleecker also retained Belimed’s documents –
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`including a screenshot of an internal presentation on new Belimed technology – upon his
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`departure from Belimed, creating a clear and imminent threat that Bleecker will share Belimed’s
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`trade secrets and confidential or otherwise proprietary information in connection with his
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`position at Getinge. Even putting aside Bleecker’s actual misappropriation of Belimed’s trade
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 2 of 25
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`secrets, the similarity between his role at Belimed and his role at Getinge will inevitably result in
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`Bleecker disclosing and using Belimed’s proprietary information to perform his role at Getinge.
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`Bleecker also takes with him the customer goodwill that he built at Belimed. If Bleecker is
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`allowed to continue working for Getinge before the expiration of his non-compete period, or if
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`Belimed’s confidential information is obtained and used by Getinge, Belimed will lose its
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`competitive advantage over Getinge and the customer goodwill it has invested time and
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`resources to achieve. Because Belimed faces immediate and irreparable harm as a result,
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`Belimed brings this civil action and Belimed alleges as follows:
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`INTRODUCTION
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`1. Bleecker was employed by Belimed from May 4, 2015 to December 31, 2021. Prior
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`to his departure from Belimed, Bleecker was a Senior Planning and Design Manager for Belimed
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`in their West region. In this role, Bleecker was privy to and worked regularly with Belimed’s
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`trade secrets and confidential information, including pricing structure and strategy, proprietary
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`tools and software, research and development pipelines and initiatives, and current and potential
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`customers. Bleecker’s position also gave him access to highly confidential information about
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`Belimed’s business strategies that would be valuable to any of Belimed’s competitors.
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`2. Knowing he would be given access to Belimed’s inside confidential information,
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`Bleecker signed the Agreement at the outset of his employment and as a condition of his at-will
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`employment. A true and accurate copy of the Agreement is attached hereto as Exhibit A. The
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`Agreement includes necessary and reasonable restrictive covenants. By signing the Agreement,
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`Bleecker expressly agreed not to work for two named Belimed competitors, Getinge and Steris
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`Corporation, for a period of one year following his departure from Belimed. Ex. A, ¶3. Bleecker
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`also agreed not to disclose any trade secrets or confidential information, id. ¶1, or to solicit any
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 3 of 25
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`employee to leave Belimed, id. ¶2. Bleecker expressly agreed in the Agreement that the
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`restrictive covenants contained in the Agreement would not prevent him from earning a living,
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`that the limited restrictions in the Agreement were “reasonable and necessary to protect
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`[Belimed’s] legitimate business interests” and that any breach of the Agreement would cause
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`Belimed irreparable harm and that Belimed would be entitled to obtain temporary and permanent
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`injunctive relief against any breach of the Agreement. Id. ¶¶1(e), 4, 5, 8.
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`3. Bleecker ended his employment with Belimed on December 31, 2021. Bleecker
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`represented to Belimed at that time that he was returning to the role of entrepreneur and would
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`be building his general contractor business, a statement at odds with his downloading of
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`confidential information prior to his departure and quick transition to Getinge.
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`4. On or around February 2022, less than three months after his departure from Belimed,
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`Bleecker began working as a Healthcare Planning and Design Manager for Getinge. See Exhibit
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`B, Declaration of Ross Polston (“Polston Decl.”), ¶23; Ex. 1. As of the date hereof, Bleecker is
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`in the process of onboarding at Getinge and most likely has not had the opportunity to fully
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`disclose the Belimed confidential information he has or make use of Belimed’s goodwill.
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`5. Bleecker announced in February 2022 via LinkedIn that he will hold a similar
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`position at Getinge as he did at Belimed. Polston Decl. ¶¶23–25, Ex. 1. As such, Bleecker’s
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`work for Getinge will necessarily encompass the work he performed for Belimed. At Getinge,
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`Bleecker will directly employ Belimed’s confidential and proprietary information. He will also
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`use Belimed’s goodwill and make use of the contacts Belimed introduced him to in the form of
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`the same customers, architects, and general contractors he worked with at Belimed. Therefore, it
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`will not be possible for Bleecker to perform his new role without utilizing his copious knowledge
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`of Belimed’s confidential information and without misappropriating Belimed’s goodwill.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 4 of 25
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`6. Belimed brings this action to enjoin Bleecker’s violation of the Agreement by
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`preventing him from working for Getinge.
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`7. Belimed will be directly and immediately irreparably harmed if Bleecker is allowed
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`to continue working for Getinge. Getinge will gain an unfair advantage in the industry that will
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`have immediate impact on Belimed. Indeed, Getinge currently is involved as a competitor in at
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`least two of Belimed’s ongoing business opportunities. For these reasons, Belimed seeks to
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`enforce the Agreement and seeks preliminary and permanent injunctive relief, as well as
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`damages, from this Court.
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`PARTIES
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`8. Plaintiff Belimed is a corporation duly organized and existing under the laws of
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`Florida with its U.S. headquarters located in South Carolina at 8351 Palmetto Commerce
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`Parkway, Suite 101, Ladson, South Carolina, 29456. Belimed has a registered agent in South
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`Carolina.
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`9. Defendant Jeffrey Bleecker is an individual residing at 9307 W. Country Club Trail,
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`Peoria, Arizona, 85383. Bleecker was employed by Belimed as a Senior Planning and Design
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`Manager (formerly known as a Project Planning Engineer) in the West region from May 4, 2015
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`until December 2021.
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`JURISDICTION AND VENUE
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`10. This Court has personal jurisdiction over Bleecker because this action arises out of
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`Bleecker’s specific contacts with the state of South Carolina. Bleecker was employed by
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`Belimed, whose U.S. headquarters are in Ladson, South Carolina. Bleecker was recruited by
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`Belimed employees based in South Carolina, interviewed for his position with Belimed in person
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`in South Carolina, and regularly communicated with Belimed employees based in the South
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 5 of 25
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`Carolina headquarters, including two of his direct supervisors. Bleecker regularly submitted
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`expense reports to the finance group located in the South Carolina headquarters for approval, and
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`his paycheck issued from the South Carolina headquarters. In the course of nearly seven years
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`working for Belimed, Bleecker traveled to South Carolina regularly for meetings, trainings, and
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`other work activities. Bleecker also attended virtual trainings and meetings led by Belimed
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`employees in South Carolina.
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`11. As an additional South Carolina contact, Bleecker agreed in the Agreement that the
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`Agreement would be governed by South Carolina law. Ex. A, ¶8. This action arises out of
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`Bleecker’s breach of the Agreement.
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`12. This Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C.
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`§ 1332 because there is complete diversity between Plaintiff and Defendant, and Belimed has
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`been and will continue to be injured in an amount exceeding $75,000, to be proved at trial.
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`13. Venue in this Court is proper under 28 U.S.C. § 1391(b).
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`FACTS
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`Belimed’s Business
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`14. Belimed is a leading supplier of medical and surgical instrument sterilization,
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`disinfection, and cleaning products and services to health systems, hospitals, ambulatory surgical
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`centers (ASCs), other facilities that have functioning operating rooms, and group purchasing
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`organizations that serve these entities throughout the United States and worldwide. Belimed
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`provides a complete spectrum of sterile workflow solutions including planning and design,
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`market-leading equipment, consumables, servicing, data connectivity, education and training.
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`Sterile workflows are the intentional path created between operating rooms and sterile areas to
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`ensure that operating room instruments remain sterile.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 6 of 25
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`15. Belimed uses proprietary tools and calculators that it developed to precisely identify
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`the design and sterilization equipment they need for their specific spaces and to provide
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`comprehensive advice.
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`16. Belimed has expended substantial time, money, and effort developing these
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`proprietary customer tools, as well as its customer services, professional reputation, relationships
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`with customers and sales network throughout the United States and worldwide. Belimed has
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`developed highly valuable confidential and proprietary business information, including its
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`current and prospective customer lists, pricing data, purchasing histories, market intelligence and
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`strategies, product research and development information, and overall industry and product
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`expertise.
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`17. Belimed’s confidential and proprietary information is not publicly known or
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`reasonably ascertainable by competitors or other third parties. Belimed has taken reasonable
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`measures to maintain the confidentiality and secrecy of all such information, including by
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`requiring employees to sign non-competes and non-disclosures, protecting computer systems by
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`unique password, labeling certain documents as confidential, restricting certain folders and
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`documents to specific employees, and requiring every employee to sign some version of a
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`confidentiality agreement. Belimed provides employees with access to trade secrets and
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`confidential information only when necessary to perform their job duties and function.
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`Belimed and Getinge are Direct Competitors
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`18. Belimed is in a specialized and highly competitive industry. Getinge is one of
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`Belimed’s primary competitors in the United States and beyond, where they both compete.
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`Belimed is presently competing to win at least two contracts on which Getinge is the incumbent
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`supplier.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 7 of 25
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`19. Both Getinge and Belimed are ultimately focused on serving the needs of surgical
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`teams and surgery departments with functioning operating rooms. They compete in all
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`geographic regions.
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`20. The product offerings of both Getinge and Belimed support operating room function
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`and result in the companies targeting the same customers, including hospitals, ambulatory
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`surgical centers (ASCs), other facilities that have functioning operating rooms, and group
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`purchasing organizations that serve these sectors.
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`21. With respect to sterilization equipment, cleaning equipment, and disinfectors, Getinge
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`and Belimed are in direct competition in the planning and design of installations, as well as in the
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`manufacturing, installing, and servicing of the equipment.
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`22. The competition between Getinge and Belimed is not limited to sterilization and
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`disinfecting equipment. Getinge also provides planning, design, manufacture, installation, and
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`servicing for additional equipment used to support surgical teams beyond the scope of products
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`that Belimed provides. When Getinge competes against Belimed in the sale of sterilization and
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`disinfection equipment, Getinge attempts to leverage its ability to plan, design, manufacture,
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`install, and service operating room equipment (such as operating room tables and operating room
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`lighting) as a competitive advantage.
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`23. A primary focus of Belimed’s internal strategy discussions is identifying ways to
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`distinguish its products and services from those of competitors like Getinge in order to overcome
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`competitors’ broader offerings.
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`24. Getinge and Belimed also compete to build relationships with the same individuals.
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`In general, the same individuals at a particular health care facility influence and make purchasing
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`decisions for all types of equipment that directly support operating room function. The same
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 8 of 25
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`individuals are responsible for making purchasing decisions for the operating room tables and
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`operating room lighting as for the sterilization and disinfection equipment that is integrally
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`related to successful operating room function.
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`25. Belimed expends significant resources building goodwill with these individuals in
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`order to effectively compete with Getinge.
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`Bleecker’s Role at Belimed and Access to Confidential Information
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`26. Bleecker was employed by Belimed for almost seven years, from May 2015 to
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`December 2021.
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`27. As a result of his employment with Belimed and the position of trust he held with
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`Belimed, Bleecker was given access to trade secrets and confidential information across multiple
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`key areas of Belimed’s business. He received extensive and detailed education and in-depth
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`working knowledge of Belimed’s comprehensive suite of proprietary tools for planning and
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`designing customized installations of equipment to meet the clinical needs and spatial
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`requirements of each individual customer. These proprietary tools, taken individually and in
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`combination, represent one of Belimed’s leading strategic advantages over its competitors and
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`provide a critically important differentiator in the marketplace.
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`28. Bleecker was also given direct access to Belimed’s library of installed equipment
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`information, which includes blueprints and drawings of customers’ specific facilities which
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`Belimed used to tailor its offers to customers’ needs. Bleecker also created and regularly worked
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`with installed equipment information as it was part of every sales effort. Information contained
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`in these blueprints is directly valuable to a direct competitor like Getinge as it would allow
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`Getinge to rely on the work done by Belimed to tailor offers to specific customers.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 9 of 25
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`29. Belimed also disclosed to Bleecker its confidential research and development pipeline
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`for ongoing equipment initiatives being executed to enhance Belimed’s competitive advantage.
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`30. Because Bleecker was in a customer facing role, he also had detailed knowledge of
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`confidential information regarding Belimed’s service coverage shortages and equipment
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`challenges. Bleecker could use his knowledge of any regions where Belimed’s service was not
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`as strong to help competitors, like Getinge, sway customers in that region to leave Belimed.
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`31. Bleecker also was given access to Belimed’s confidential pricing structuring,
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`Belimed’s confidential sales strategy, and Belimed’s proprietary design software used to build
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`customer confidence and encourage customer purchase orders.
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`32. Bleecker was provided and trained in Belimed’s strategy and tactics used to
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`outperform Getinge and one other named competitor, Steris. He was given direct access to
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`Belimed’s highly confidential sales pipeline and related prioritization, key contact information,
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`strategy, project timelines, and additional project sensitive information.
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`33. During his employment, Bleecker also learned about Belimed’s confidential 2022
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`pipeline and 2023-2026 pipeline projections and was privy to Belimed’s confidential strategy
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`and work with key vendor partners that provide another Belimed competitive advantage.
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`34. Because Bleecker served in a customer facing role, he was introduced to, and, as part
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`of his Belimed work, developed relationships with key decision-makers at individual health
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`systems as well as architects, equipment planners, and project managers. Given that Getinge and
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`Belimed compete for the business of the same health care providers, Bleecker will be working
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`with the same decision-makers at individual health systems and the same architects and project
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`managers in his new role at Getinge.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 10 of 25
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`35. As part of his work at Belimed, Bleecker was given access to confidential information
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`regarding design proposals made to customers and contract status and timing. Specifically,
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`Bleecker was closely involved with two large opportunities that Belimed is currently competing
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`to win where Getinge is the incumbent.
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`36. By virtue of his frequent interaction both with customers and with Belimed’s product
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`development team, Bleecker was instrumental in identifying and evaluating functionality
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`concerns for new products and proposed product changes, and regularly provided feedback to the
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`product development team. Polston Decl. ¶13. Bleecker also was privy to confidential
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`information concerning relative strengths and perceived shortcomings in Belimed’s product and
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`made proposals to address those relative strengths and shortcomings. Id. Because of his
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`involvement in product development efforts, Bleecker was familiar with technical aspects of
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`Belimed’s products that were critical to Belimed’s efforts to differentiate its products from those
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`of its competitors, including Getinge. Id.
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`37. Bleecker regularly participated in, and was privy to confidential information about,
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`Belimed’s sales efforts. Bleecker regularly spoke with and made proposals to existing and
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`potential Belimed customers, provided customers with Belimed’s comprehensive proprietary
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`suite of tools for planning and designing customized installations of equipment to meet their
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`needs, and had access to Belimed’s current and prospective customer lists.
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`38. Belimed paid Bleecker to be involved in developing Belimed’s goodwill with its
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`customers and prospective customers, as he had an ongoing role in the sales process and in
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`interacting with customers.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 11 of 25
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`Bleecker’s Agreement with Belimed
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`39. To safeguard Belimed’s trade secrets, confidential information and goodwill,
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`Bleecker entered into the Agreement with Belimed as a condition of his initial employment.
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`Protection of the trade secrets, confidential information, and goodwill is crucial to Belimed’s
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`success.
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`40. Paragraph 1(a) of the Agreement provides that, that during his employment, Bleecker
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`would be “in a position of confidence and trust with respect to the business, operations, and
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`customers” of Belimed and would have access to trade secrets and confidential information. Ex.
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`A, ¶1. “Trade Secrets” are defined in the Agreement as:
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`•
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`•
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`•
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`information, including, but not limited to, a formula, pattern, compilation,
`program, device, method, technique, or process that: (i) derives independent
`economic value, actual or potential, from not being generally known to, and not
`being readily ascertainable by proper means by, the public or any other person
`who can obtain economic value from its disclosure or use, and (ii) is the subject of
`efforts that are reasonable under the circumstances to maintain its secrecy.
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`Employee acknowledges that Employer’s Trade Secrets include, but are not
`limited to, the following information which meets the above definition:
`information regarding Employer’s product designs, marketing, and sales
`•
`objectives and strategies;
`information regarding Employer’s customers and prospective customers
`and customer lists; information regarding existing customer preferences,
`habits and needs, including details of past, pending, and contemplated
`transactions, and customer proposals;
`information regarding Employer’s pricing, including, but not limited to,
`price lists, pricing policies, and pricing strategies;
`information regarding Employer’s sales, sales data, training materials, and
`marketing and distribution approaches;
`information developed by Employer regarding its competitors and
`competitive position in the industry;
`information regarding Employer’s systems, strategies, designs, processes,
`procedures, market data, know-how, compilations of technical and non-
`technical data, advertising, and promotional plans and strategies;
`information regarding Employer’s finances, financial structure, financial
`condition, assets and liabilities, and projections relating to the business;
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`•
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`•
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`•
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 12 of 25
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`•
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`•
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`information regarding Employer’s operations, business plans, business
`opportunities, project concepts, designs, and drawings, and project
`research and analyses;
`information regarding Employer’s software designs; and Information
`regarding trials, tests, and products developed in Employer’s effort to
`satisfy the needs of its customers and potential customers, and information
`contained in personnel files, work papers, financial statements and tax
`returns.
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`Ex. A, ¶1(b).
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`41. Confidential information is defined as “any information which does not rise to the
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`level of a Trade Secret, but which Employer uses in its business and treats as and considers to be
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`confidential or proprietary, and which is not generally known in the industry. Ex. A, ¶1(c).
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`42. By signing the Agreement, Bleecker expressly agreed to use his “best efforts and
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`utmost diligence” to protect Belimed’s trade secrets and confidential information and not to
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`disclose such information to another person or entity. Ex. A, ¶1.
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`43. Paragraph 3 of the Agreement provides that during Bleecker’s employment and for
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`one year after, Bleecker would not “directly or indirectly, obtain ownership in, work, advise,
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`consult, or volunteer for or with” two specifically-identified direct competitors, Getinge and
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`Steris Corporation. Ex. A, ¶3.
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`44. The Agreement further provides that the one-year non-compete period would be
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`extended by the length of any violative activity by Bleecker. Ex. A, ¶5.
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`45. Bleecker expressly agreed that the restrictive covenants contained in the Agreement
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`would not prevent him from earning a living, Ex. A, ¶4, and that the limited restrictions in the
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`Agreement were “reasonable and necessary to protect [Belimed’s] legitimate business interests.”
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`Ex. A, ¶1(e).
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`46. Bleecker also agreed that any breach or threatened breach of the Agreement would
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`cause Belimed irreparable harm and that Belimed would be entitled to obtain temporary and
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`permanent injunctive relief against any breach or threatened breach of the Agreement, in addition
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`to all other rights and remedies available to Belimed under South Carolina law. Ex. A, ¶¶5, 8.
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`Bleecker agreed that he would pay Belimed’s attorney’s fees should it prevail in any litigation to
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`prevent breaches by Bleecker of the Agreement. Ex. A ¶8.
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`47. Bleecker also agreed that “[a]ll matters affecting the Agreement are to be governed
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`by, interpreted, and construed in accordance with the laws of the State of South Carolina.” Ex.
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`A, ¶8.
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`Bleecker’s Breach of the Agreement
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`48. On or about December 17, 2021, Bleecker notified his supervisor, Ross Polston, that
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`he was resigning from Belimed, effective December 31, 2021. Polston Decl. ¶21. Bleecker
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`represented to Belimed at that time that he was returning to the role of entrepreneur and would
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`be building his general contractor business.
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`49. According to his LinkedIn resume and the Arizona Corporation Commission’s
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`website, Bleecker is the principal of an entity named Old Glory Development, an active entity in
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`good standing, incorporated in 2007 in Arizona. Upon information and belief, this is Bleecker’s
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`general contractor business.
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`50. Prior to his departure, Bleecker sent copies of documents related to his employment
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`with Belimed to his personal email address. On November 17, 2021, and again on December 7,
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`2021, Bleecker sent a copy of his employment documents, including the Agreement, to his
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`personal email.
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`51. On December 6, 2021, Bleecker sent a screenshot of a proprietary and confidential
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`Belimed internal presentation on to his personal email. The presentation contained proprietary
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`information and trade secrets about a new web-based application that Belimed was developing.
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`52. The internal presentation was Belimed’s property. Ex. A ¶1(i). Bleecker should not
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`have taken it and should have returned it prior to his departure, Ex. A ¶1(h), but he did not.
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`53. The Company is still investigating if other Belimed materials were taken by Bleecker.
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`54. Bleecker’s last day of employment with Belimed was December 31, 2021.
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`55. In February 2022, Belimed discovered that Bleecker had shared on the professional
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`networking site LinkedIn that he is currently employed by Belimed’s direct competitor Getinge
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`as a “Healthcare Planning & Design Manager.” Polston Decl. ¶23, Ex. 1.
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`56. Bleecker was required to share his Agreement with Getinge. Ex. A, ¶6.
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`57. Bleecker’s employment with Getinge violates the non-compete provision of the
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`Agreement. Ex. A, ¶3.
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`58. Bleecker’s job title at Belimed was virtually identical to his current job title at
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`Getinge. At Belimed, Bleecker served as a Senior Planning and Design Manager. Bleecker has
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`shared on LinkedIn his title is “Healthcare Planning & Design Manager.” Polston Decl. ¶¶23–
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`25, Ex. 1.
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`59. Upon information and belief, Bleecker’s full job title actually specifies that he has
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`been assigned to the Surgical Workflow division at Getinge. Polston Decl. ¶ 25.
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`60. In addition to his title, Bleecker included a reference in his LinkedIn posting to
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`“#SterileWorkflows.” Polston Decl., Ex. 1. Sterile Workflows refers to the intentional and
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`deliberate path created between operating rooms and sterile areas to ensure that operating room
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`instruments remain sterile. Bleecker specifically worked on designing sterile processing
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`departments, a critical component of sterile workflows, while he was employed by Belimed.
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`Polston Decl. ¶19. In addition to this reference, Brent Begin, Vice President of Sales at Getinge,
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 15 of 25
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`commented on Mr. Bleecker’s posting, writing “We’re excited to have you join us in our journey
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`at Surgical Workflows.” Polston Decl., Ex. 1.
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`61. The Surgical Workflows division at Getinge supports the function of operating rooms
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`and includes the staff that work with sterilization equipment, cleaning equipment, and
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`disinfectors that compete directly with Belimed’s products. The Surgical Workflow division at
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`Getinge also includes the planning, design, manufacture, installation, and servicing of equipment
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`used in operating rooms, including but not limited to operating room tables and operating room
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`lights. As described in Getinge’s annual report for 2021, “Surgical Workflows offers products
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`and solutions to serve as an end-to-end partner for optimizing the quality, safety, and capacity
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`usage of the sterile supply departments and operating rooms.” See Getinge 2021 Year-end
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`Report,
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`available
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`at
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`https://mediahubprodstorage.blob.core.windows.net/mediahub-
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`assets/531/84531/original/Year_End_Report_January_December_2021.pdf
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`(“Getinge
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`2021
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`Annual Report”) at p. 7.
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`62. The competition between Belimed and the Surgical Workflow division at Getinge is
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`real and involves high stakes. The same page of the Getinge 2021 Annual Report references a
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`group purchasing organization contract that Getinge’s Surgical Workflow division won from
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`Belimed in 2021. Id.
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`63. In addition, Bleecker’s own description of his new position on LinkedIn reflects that
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`he holds a very similar position at Getinge to the one he held at Belimed, including that he would
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`be “back in the Operating Room environment working with Architects, Equipment Planners,
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`Engineers and General Contractors” as he had at Belimed. Polston Decl., Ex. 1.
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`64. Bleecker’s activities at Getinge will necessarily involve the sterilization equipment
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`that both Getinge and Belimed manufacture, install, and service.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 16 of 25
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`65. The planning and design of operating rooms is not limited to the selection and
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`positioning of operating room tables and operating room lights. The sterile core of the operating
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`room includes the areas that are immediately integrated within the operating room, including the
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`areas for sinks where the surgical team members scrub their hands and arms, the location of
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`equipment to warm blankets, storage cabinets, and closets.
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`66. The sterilization processing department is typically located close to the operating
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`rooms and is where a concentration of sterilization equipment and disinfecting equipment is
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`typically placed to serve the needs of the operating rooms.
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`67. In some instances, sterilization equipment is installed within the operating room or
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`the connected core sterile area, permitting the operating room team to flash sterilize an
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`instrument if needed quickly. During his employment at Belimed, Bleecker worked on the
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`design of sterilization equipment installations within a number of operating rooms and connected
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`core sterile areas.
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`68. Because sterilization equipment and operating room design are integrally connected,
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`it is impossible that Bleecker’s key knowledge gained at Belimed would not cover areas in which
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`Getinge competes with Belimed.
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`69. Bleecker’s role at Getinge will rely on the proprietary information and approach to
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`planning and design that Bleecker learned while at Belimed using Belimed’s resources.
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`70. The proprietary planning and design techniques taught to Bleecker at Belimed are all
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`applicable to the equipment in the operating room setting. This includes a proprietary approach
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`to interviewing hospital officials regarding the volume and characteristics of the surgical
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`procedures performed at the institution and translating this input into specific, actionable
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`purchase and installation recommendations.
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`2:22-cv-00891-DCN Date Filed 03/17/22 Entry Number 1 Page 17 of 25
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`71. It is not possible that Bleecker can perform his job at Getinge without utilizing these
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`techniques and misappropriating Belimed’s confidential information in violation of the non-
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`disclosure provision of the Agreement.
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`72. Bleecker’s employment at Getinge also focuses on serving the same customers that
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`Getinge and Belimed directly compete to serve.
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`73. Bleecker’s own words in his LinkedIn posting that he will “be back in the Operating
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`Room environment” highlight that his employment at Getinge is a retur