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PPP Equipment Corporation (PPP-E) Official Believes GT Solar Suit Against PPP-E Senior Official is “Baseless”
PPP-E Attorney Warns GT Solar of Possible Liability for Tortious Interference with PPP-E Customers; States "Confidence" Case Will Be DismissedBURBANK, CA – (July 8, 2008) – Burbank-based PPP Equipment Corporation President Dan Feinberg stated today his belief that the allegations in a recently-filed lawsuit by GT Solar against a senior PPP-E official for improper disclosure of confidential information “are false and baseless.”
GT Solar, a Merrimack, New Hampshire-based company, filed the case against PPP-E Vice President, Fabrizio Goi, a resident of Milan, Italy.
“Anyone can file a frivolous case,” Mr. Feinberg said.
PPP-E is one of the leading designers, producers and sellers of Chemical Vapor Deposition (CVD) reactors and converter systems that produce high-purity polysilicon used to produce wafers for the production of solar cells and silicon chips. It is believed that the market for these products and services knows that PPP-E has a unique, high-productivity, highly-efficient CVD Reactor design providing higher product output with lower consumption of electricity than competitors, including GT Solar.
The lawsuit, which was filed in New Hampshire U.S. District Court on June 20, charged Mr. Goi with improper disclosure to PPP-E of proprietary and confidential information that he allegedly received from GT Solar. However, Mr. Feinberg reiterated his belief that these charges are “false and unsubstantiated.”
Lanny J. Davis, one of the attorneys at Orrick, Herrington & Sutcliffe LLP representing PPP-E and Mr. Goi, questioned why GT Solar would file this lawsuit against Mr. Goi, an Italian resident, under these circumstances. According to Mr. Goi, he has been to New Hampshire for one day in his life, about two years ago. This was, Mr. Davis stated, during a one -day visit to GT Solar at its office in Merrimack, N.H. while Mr. Goi was working for his prior employer in Italy.
Mr. Davis noted that Mr. Goi had substantial years of experience in the design and fabrication of different types of polysilicon reactors before he visited GT Solar and before GT Solar had entered this market.
“I wonder whether GT Solar filed this lawsuit in New Hampshire against an Italian resident, which was immediately reported in the local newspaper even before Mr. Goi was notified of the suit, more in order to launch a false and misleading media campaign to undermine a competitor with a superior product than to pursue a claim in the courts,” Mr. Davis added.
Mr. Davis warned that GT Solar may be opening itself to potential liability to PPP-E for tortious interference with PPP-E's customers.
He said he is “confident” that the GT Solar case will be dismissed or fail on the merits.
Mr. Davis served as Special Counsel to President Clinton between 1996-98, acting as spokesperson for the President on matters concerning the campaign finance investigations and other legal issues. In 2005-06, he served on the 5-member White House Privacy and Civil Liberties Oversight Board, appointed by President George W. Bush. The Board was recommended by the 9/11 Commission and created by the 2004 Intelligence Reform Act.
Mr. Davis has been an experienced litigator in Washington DC for over 25 years and has recently specialized in legal media-impact issues and strategic legal communications with a group of Orrick lawyers with similar skills and backgrounds.
Josh P. Galper