ProLogic Pursues Former Sub-Contractors for Trade Secret Theft


Ultra Electronics, ProLogic is pursuing two former contractors for trade secret theft.  Virginia-based professional services and products defense contracting firm Ultra Electronics, ProLogic is suing two of its former software contractors and their new employer, Aquarian Systems, Inc., for theft of trade secrets and breach of contract.


ProLogic and Aquarian Systems, Inc. both work with various military intelligence agencies, federal government agencies, the Department of Defense, and the U.S. Department of Justice on matters of cyber security, software, and other computer applications.


ProLogic alleges that  two of its former software engineers, Daniel Swingle and Jason Bernard, signed confidentiality non-disclosure agreements while working for ProLogic, but then breached those agreements by jumping ship to a competitor, Aquarian Systems, Inc., and providing Aquarian Systems with source code as well as allegedly defaming their former employer to contracting managers at the U.S. State Department.  ProLogic claims that, because of that trade secrets theft, Aquarian Systems secured a large Department of Defense contract that would have otherwise gone to ProLogic.  In its complaint, ProLogic alleges that Aquarian “raided” its trade secrets, its confidential information, and its employees.


In addition to software code, the alleged theft included job descriptions, rate information, background information on current contracts, pricing data, and other confidential information.  The complaint alleges that, “as a result of Bernard, Swingle, and Aquarian’s wrongful acts, ProLogic has lost multiple millions of dollars.  ProLogic also stands to lose millions more if Aquarian, Bernard, and Swingle use confidential information and trade secrets from ProLogic to take additional contracts away from ProLogic.”


Situations like ProLogic’s, where employees are hired away by competitors, are not unusual.  If your business has questions about protecting itself from trade secret theft, illegal competition by former employees or you have an issue with someone else using your intellectual property, you need an experienced business litigator who understands intellectual property protection.  James J. “Jim” Thomas II has more than 35 years of experience advising Georgia businesses and handling complex business litigation including intellectual property matters like trade secret theft.  Jim can help you with the analysis, evaluation, and resolution of existing and potential litigation including in trade secret and other intellectual property disputes. Visit online, or give Jim a call at 404-869-5248 to set up a free consultation.

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