Phyto Tech Corp. et al v. Givaudan SA, No. 1:2018cv06172 - Document 144 (S.D.N.Y. 2022)

Court Description: MEMORANDUM OPINION AND ORDER re: 140 MOTION to Redact 122 Transcript,, 124 Transcript,, 120 Transcript,, 119 Transcript,, 117 Transcript,, . filed by Phyto Tech Corp., Conagen Inc., 137 MOTION to Seal Def endants' Reply Findings of Fact and Conclusion of Law under Partial Seal and to Redact Certain Portions of the Documents.. filed by Phyto Tech Corp., Conagen Inc.. The plaintiffs have failed to prove that Givaudan is liable for trade se cret misappropriation under the DTSA or the DUTSA. Therefore, the plaintiffs' causes of action for trade secret misappropriation under the DTSA and the DUTSA are dismissed with prejudice. Although the plaintiffs demonstrated that Givaudan breach ed the BGN LLC Agreement, the plaintiffs failed to prove that Givaudan's conduct caused the plaintiffs to suffer any damages: Accordingly, Givaudan is liable to the plaintiffs for $1 in nominal damages. The Clerk is directed to enter an appropriate judgment. The Clerk is also directed to close all pending motions and to close this case. SO ORDERED (Signed by Judge John G. Koeltl on 7/18/2022) (ks) Transmission to Orders and Judgments Clerk for processing.