Orange, S.A. v. USDC for the Northern Dist. of CA, San Francisco

Telesocial, a San Francisco start-up, entered into a non-disclosure agreement (NDA) regarding a possible agreement to acquire Telesocial's software application named "Call Friends." This dispute stems from Telesocial's allegations that Orange violated federal and state laws by stealing Telesocial's technology to create its own product called "Party Call." Orange and its employees seek a writ of mandamus under 28 U.S.C. 1651 directing the district court to vacate its order denying Orange’s motion to dismiss, and direct an entry of judgment dismissing Telesocial’s First Amended Complaint (FAC). The court applied the Bauman v. United States factors and concluded that the district court did not commit clear legal error in determining that the NDA did not cover the claims at issue; Orange has the ability on direct appeal to attain the relief it desires; Orange will not be prejudiced in a way that is not correctable on appeal; and the district court’s decision does not raise a novel issue that affects the international business community. Accordingly, the court denied Orange’s petition for writ of mandamus. View "Orange, S.A. v. USDC for the Northern Dist. of CA, San Francisco" on Justia Law