Friday, December 02, 2011 7:50:41 AM
The lawsuit seeks, among other things, damages of at least $60 million plus attorneys' fees.
Arista Power, which formerly was known as WindTamer Corp., is a developer, manufacturer and supplier of custom-designed power management systems, renewable energy storage systems and wind turbines. It also supplies solar energy systems.
According to court documents, the issue stems from a 2009 meeting between officers of Arista Power and Ultralife, which makes batteries, energy products and communication systems.
The meeting was set up to explore a possible partnership between the two companies on the development of Arista's mobile renewable energy trailer, a mobile power station able to use and store renewable energy sources such as solar and wind.
The mobile system is marketed for military, emergency, utility and other uses.
Design and other details about the project were shared with a group of Ultralife executives, who were required to sign a confidentiality agreement, according to the lawsuit.
The talks didn't result in a partnership. Arista claims that Ultralife eventually developed and introduced the GenSet Eliminator System, a mobile energy storage system.
Arista alleges that Ultralife and its executives violated the terms of the confidentiality agreement and used trade secrets to develop the GenSet Eliminator.
Among the executives named as defendants are Ultralife CEO Michael Popielec and former CEO John Kavazanjian.
Carolyn Nussbaum, an attorney with Nixon Peabody LLP and representing Newark-based Ultralife, said Thursday she couldn't comment on the lawsuit, which was filed Tuesday. But Nussbaum did point to a suit by Ultralife in September against Arista and a former Ultralife employee who now works for Arista.
That lawsuit, filed in state Supreme Court in Wayne County, alleges that a former Ultralife vice president violated noncompete and nondisclosure agreements when accepting a position with Arista in September. According to the suit, the employee was privy to confidential information and customer lists at Ultralife and left the company to work for Arista, a direct competitor.
The suit also alleges that the employee advised Arista on a proposal it was making to the U.S. Army while still an Ultralife employee.
Irving Pheterson, the attorney representing Arista in the lawsuit against Ultralife, did not return a call for comment Thursday.
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