
US court rejects Magic Leap claim that Nreal founder stole mixed-reality secrets - Borlands
https://www.engadget.com/us-court-rejects-magic-leap-claims-nreal-founder-stole-mixedreality-secrets-120537120.html
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shakna
> In fact, Plaintiff’s complaint is devoid of any allegation as to what
> specific “confidential information” Plaintiff believes that Xu used to start
> Nreal or to create and promote the Nreal Light. In the absence of any
> specific allegation, the Complaint conclusorily recites the “breach” element
> of Plaintiff’s breach of contract claim, which is inadequate to state a
> claim for breach of contract.

Whilst the court upheld that the contract on intellectual property was sound,
it looks like Magic Leap was completely unable to say how the IP was even used
in Nreal.

> Although Plaintiff need not spell out the exact details of Plaintiff’s
> confidential designs in order to adequately plead breach, Plaintiff must do
> more than simply state that Xu breached the confidentiality agreement by
> disclosing confidential information.

It seems like Magic Leap were hoping to prove the assertion all based on
discovery, but discovery is not a fishing expedition - you need to have actual
evidence and not just aspersions. Though, the court has given them room to
amend their claims and try again, so this might not be over - though they only
have 30 days to get their paperwork in better order than it has been so far.

