Genis v. Campbell, et al. (Lawyers Weekly No. 09-009-18)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss.SUPERIOR COURT CIVIL ACTION 2017-01798-BLS2 ALFRED R. GENIS vs. MARTIN CAMPBELL, DAVID CAMPBELL, PURE CRYSTAL, LLC, & JOHN DOE’s 1-10 MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTIONTO DISMISS FOR LACK OF PERSONAL JURISDICTION Alfred R.Geniscommenced this action against Martin Campbell (Martin), David Campbell (David),andPure Crystal, LLC (Pure Crystal),asserting that they, together with other unknown individuals, improperly disclosedhis confidentialinformationand trade secrets and failed to provide him equity in Pure Crystal as required by a 2013 agreement. 1 The matter is now before the Court on the named defendants’ motionto dismiss for lack of personal jurisdiction pursuant to Mass. R. Civ. P. 12(b) (2). For the reasons that follow, the motion isDENIED. 1 The Complaint is also brought against “John Doe 1-10,” which the Complaint alleges are persons whose true names are unknown but who are “responsible agents, principals, alter egos, [or] co-conspirators”of the named defendants. BACKGROUND The following is taken from theaffidavitthatGenisfiled in opposition to defendants’ motion, and the affidavits submitted by defendantsto the extent they are not disputed by Genisor contradict his affidavit. Genis, a resident of Massachusetts,is one of world’s leading diamond laboratory scientists. In May 2013, Genis delivered a professional paper at the International Technical 2 Diamond Conference concerning the mass production of diamonds using chemical vapor deposition (CVD) technology for industrial applications.Martin, who owned Pure Crystal with his brotherDavid,learned of this presentation and inearlySeptember 2013, reached out to Genis seeking assistance with Pure Crystal’s efforts to grow laboratory diamonds.The two agreed to meet to discuss a possible business relationship. On September 11, 2013, Martin flewfrom Ohio, where he and his brother reside,to Bostonand met with Genis. At their meeting, Martin explained that Pure Crystalhad purchased two microwave-poweredplasmareactors capable of producing diamonds but lacked the software necessary to growdiamonds suitable for commercialization. He hoped Geniscould help Pure Crystalcreate that software.Genis expressed interest in working with Martin but notedthat he was more interested indeveloping diamonds utilizing direct-current (DC) reactor technology, which he believed to be superior. Genis also expressed that he wanted to keep Boston as his primary workplace because he had recently been diagnosed with throat cancer and needed to remain in the city for treatment. Martin indicated that Geniscould remain in Boston and that in exchange for Genis’assistance and technology, he would help Genis buildaDC reactor. Following the meeting, they spoke by telephone on one or two moreoccasionsin Septembertosort outthe details of their business relationship,and Genis beganprovidingtheinformation Pure Crystal needed to grow diamonds in its reactors. That month, Genis received a paycheck from Pure Crystal. On October4,2013, Genis met with Martin and David at Pure Crystal’s office in Ohioandthe threeexecuted an agreement (October 2013 Agreement)thatmemorializedthediscussionsbetween Martin and Genis. TheOctober […]