Case: 1:23-cv-03381 Document #: 1 Filed: 05/30/23 Page 1 of 16 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

ABBOTT LABORATORIES, )
)
Plaintiff, )
) Case No. 1:23-cv-3381
v. )
)
ROGER TYRE, ) JURY TRIAL DEMANDED
)
Defendant. )

COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

Plaintiff Abbott Laboratories (“Abbott”), by and through its undersigned counsel, brings

this Complaint for Injunctive Relief and Damages against Defendant Roger Tyre (“Tyre”) and

alleges as follows:

INTRODUCTION

1. Tyre, a former scientist in Abbott’s Nutrition Division (“Abbott Nutrition”),

secretly downloaded thousands of Abbott confidential documents when he resigned several years

ago, and he now may be peddling Abbott’s trade secrets to Abbott’s actual and potential

competitors. These documents include highly sensitive trade secret formulations for Abbott

Nutrition products, which would enable a competitor to sell copies or derivatives of Abbott’s

products and—by avoiding substantial product-development costs—undercut Abbott on price.

Abbott brings this action to recover the information stolen by its former employee, prevent any

further unlawful use of the information, and receive compensation for all damages caused by his

flagrant misconduct.
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2. Tyre joined Abbott in 2012, and his employment was subject to a written agreement

wherein he committed to protect Abbott’s confidential information and only use it in furtherance

of Abbott’s business.

3. Yet, just days before formally accepting a position with a new employer, he

downloaded a trove of Abbott trade secrets and other confidential information (collectively,

“Abbott’s propriety information”) to a USB drive. Tyre had already decided to accept an

employment offer from Better Nutritionals, LLC (“BN”), a contract manufacturer for nutritional

products, when he made these downloads. Tyre intended to take Abbott’s propriety information

with him when he formally resigned from Abbott weeks later in March 2018, and he did so.

4. In March 2023, BN informed Abbott that it had terminated Tyre for cause and,

while cleaning out Tyre’s BN office, uncovered two USB drives that contained Abbott’s propriety

information. Forensic analysis of the USB drives reveals that Tyre copied entire directories of

Abbott’s highly sensitive, propriety information just three days before he formally accepted BN’s

offer of employment. BN advised Abbott that Tyre is now working for companies in the business

of making nutritional products that could compete with Abbott Nutrition. The value of the

propriety information taken by Tyre has not diminished since his departure: companies could use

the information stolen by Tyre to quickly and cheaply develop products in competition with

Abbott’s current portfolio of nutritional products.

5. This is an action for (a) breach of contract; (b) violation of the Defend Trade Secrets

Act of 2016, 18 U.S.C. § 1836 (the “DTSA”); and (c) violation of the Illinois Trade Secrets Act,

765 ILCS 1065/1, et seq. (the “ITSA”). Abbott seeks damages from Tyre’s existing breaches and

misappropriations, and it seeks injunctive relief to prevent Tyre from disclosing Abbott’s trade

secrets and other confidential information.

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PARTIES

6. Abbott is an Illinois corporation with its principal place of business in Abbott Park,

Illinois.

7. Tyre is an individual who, on information and belief, is a resident and citizen of

Arizona.

JURISDICTION AND VENUE

8. The Court has subject matter jurisdiction over the claim asserting a violation of the

DTSA under 28 U.S.C. § 1331. The Court has supplemental jurisdiction over the remaining state

law claims under 28 U.S.C. § 1367 because those claims are so closely related to Abbott’s federal

law claim for misappropriation of trade secrets under the DTSA that they form part of the same

case or controversy.

9. The Court independently has subject matter jurisdiction under 28 U.S.C. § 1332(a)

because Abbott (an Illinois citizen) and Tyre (an Arizona citizen) are citizens of different states,

and the amount in controversy, exclusive of interest and costs, exceeds $75,000.

10. The Court has personal jurisdiction over Tyre because, pursuant to his Employee

Agreement with Abbott, Tyre stipulated and consented to this Court’s personal jurisdiction over

him and waived the right to object to that jurisdiction for this dispute. (See Employee Agreement,

attached as Exhibit 1, ¶ 16(a).) Furthermore, Abbott is headquartered in this judicial district and

the harm caused by Tyre was suffered in Illinois.

11. Venue is proper in this Court because Abbott and Tyre “irrevocably agree[d] that

all claims” in any action related to Tyre’s employment with Abbott or his Employee Agreement

“shall be heard and determined in . . . the Northern District of Illinois federal court.” (Exhibit 1 ¶

16(a).)

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FACTS

Abbott And Its Nutrition Products

12. Abbott is a global healthcare company that, among other things, develops, markets,

distributes, and sells nutrition products through its Abbott Nutrition Division. Abbott sells its

nutrition products under a variety of brands, including Ensure.

13. Abbott’s nutrition products are available in a variety of forms, including powders,

liquids, and edibles. For example, Abbott’s current Ensure product line includes an Ensure

Original nutrition powder (which requires added water prior to consumption) and an Ensure

Original nutrition shake (which is a ready-to-drink liquid).

14. Abbott’s nutrition products are also sold in a variety of formulations. For example,

in addition to the Ensure Original formulation, Abbott sells Ensure Max Protein and Ensure Plant-

Based Protein nutrition shakes.

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15. Abbott’s Ensure brand leads the adult nutrition market. Abbott maintains its market

share through quality and innovation and invests heavily in creating products that satisfy

consumers’ needs and preferences.

Tyre’s Role At Abbott

16. Tyre joined Abbott in July 2012. By May 2017, Tyre gained the title of Scientist

in Abbott’s Nutrition Division, the role from which he resigned in May 2018.

17. In the years leading up to his resignation, Tyre had research and development (“R&D”)

responsibility for each product he was assigned, from conception to commercialization. Tyre was

responsible for developing the products’ formulations and ensuring they met all required criteria

related to consumer experience (e.g., taste), nutritional profile, shelf life, cost, manufacturability,

supply chain, and other factors. Tyre not only developed new products, but he also supported

Abbott’s existing products by troubleshooting and addressing any issues within R&D’s

responsibilities. Tyre’s responsibilities included liquid, powder, and edible nutrition products.

18. Formulations disclose the precise quantity and characteristics of each component

in a product. This information is critical to the product’s success. Each formulation requires

extensive research and testing by scientists and a substantial financial commitment.

19. Abbott’s product formulations are valuable trade secrets and maintaining that

secrecy is critical to Abbott’s business. The formulations identify each ingredient’s precise

amount and important characteristics of the ingredients (such as their subtypes or suppliers) and,

thus, disclose the specific qualities and quantities of each ingredient as well as precise proportions.

This secret information is necessary to create the final product with the desired taste, nutritional

profile, cost, and other factors.

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20. If a third-party developer of nutrition products improperly learned the secret

product formulations accessible to Tyre, it could unfairly create products that compete with

Abbott’s Ensure products. These formulations would provide a detailed roadmap on how to create

a successful product, including the identity of ingredient suppliers that meet quality, supply chain,

and cost requirements; ingredient traits and amounts that allow for successful manufacturability

and shelf life; and the proper type and balance of ingredients that collectively generate a

commercially desirable taste and nutrition profile.

Tyre’s Employee Agreement With Abbott

21. As a condition of his employment, Tyre executed an employment agreement with

Abbott in 2012 (attached as Exhibit 2) in which he promised, among other things, not to disclose

or improperly use Abbott’s confidential information. (Exhibit 2 ¶ 8.) Tyre executed an additional

version of the employment agreement in 2018 where he reaffirmed his commitment not to disclose

or improperly use Abbott’s confidential information. (E.g., Exhibit 1 ¶ 8.) In exchange for Tyre’s

promises in his employment agreement—including his promise to safeguard Abbott’s confidential

information—Abbott employed and continued to employ Tyre until he voluntarily resigned to join

BN, allowed Tyre to learn and access Abbott’s confidential information, connected Tyre with

Abbott’s manufactures and suppliers, trained Tyre, and provided financial incentives beyond his

base compensation.

22. In the most recent version of his Abbott Employee Agreement, attached as Exhibit

1 (the “Agreement”), Tyre acknowledged that:

(a) Abbott has a legitimate business interest in the protections and

restrictions set forth in this Agreement and they are reasonable and
necessary for the protection of Abbott’s Confidential Information
(defined below), business goodwill, and the maintenance of a stable and
productive workplace for the benefit of Abbott and its employees.

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(b) in exchange for signing this Agreement, Employee will: (i) learn and
have access to Abbott’s Confidential Information; (ii) have access to
and authority to deal with certain customers and other parties upon
whom Abbott depends for its business dealings; and (iii) have access to
training (through on the job experience and otherwise) on Abbott’s
Confidential Information and other means of success.
(c) Employee’s promises are necessary because Employee’s possession of
Abbott’s Confidential Information, business contacts, training, and
similar employment benefits gives Employee an enhanced ability to
cause Abbott irreparable harm if Employee engaged in unfair
competition.
(d) Employee is engaged by Abbott in a position of trust and confidence in
which Employee will use, observe, obtain or have access to Confidential
Information and the other information and benefits described above.
(e) at the time of signing this Agreement, Abbott’s business is in the
development, discovery, production, marketing and sale of global health
care and medical research products and solutions, and that the market
for such products and solutions is fiercely competitive.

23. He agreed not to disclose Abbott’s Confidential Information and return all of its

property (the “Non-Disclosure and Return of Property Provisions”):

2. As used in this Agreement, the following terms have the meanings

specified:
***
(d) “Confidential Information” means information received by Abbott (or
provided to Employee while employed by Abbott) in any form (tangible
or intangible) that is not generally known to the public by proper means,
including, but not limited to: (i) all discoveries, inventions,
improvements and innovations, . . . processes, techniques, shop
practices, formulae, compounds, compositions, . . . technical data, . . .
material sourcing information and lists, . . . and all other know-how,
trade secrets, intellectual property and proprietary information . . . .
***
Employee acknowledges and agrees that items of Confidential
Information are Abbott’s valuable assets and have economic value,
actual or potential, because they are not generally known by the public

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or others who could use them to their own economic benefit or the
competitive disadvantage of Abbott.
***
6. Return of ABBOTT Property. Prior to terminating employment from
Abbott (or otherwise upon request by Abbott), Employee shall return all
Abbott property, and shall not retain any copies, reproductions, abstracts
or summaries of the property. Abbott property includes, but is not
limited to, all identification badges, passwords, access cards or codes,
keys, automobiles, computers, telephones or other equipment,
memoranda, notes, records, reports, files or other documents,
photographs, drawings, plans, papers, computer software, compounds,
customer and client lists, products/inventory and materials, as well as
Abbott intellectual property made or compiled by or made available to
Employee during the course of employment with Abbott, and any
copies, summaries or abstracts thereof, whether in electronic, paper or
other form and whether or not they contain Confidential Information, as
well as any telephone numbers maintained by Abbott.
***
8. Non-Disclosure of Confidential Information. Employee
acknowledges . . . Employee shall use all best efforts to protect the
secrecy and confidentiality of all Confidential Information, including,
as applicable, such efforts and measures as set forth in Abbott policies,
procedures and guidelines. Employee shall not, during the term of
employment with Abbott or thereafter, use or disclose, or assist in the
disclosure to or use by others, directly or indirectly, any Confidential
Information, except as required and authorized in the scope of
Employee’s job responsibilities and in the furtherance of Abbott’s
business (to the extent consistent with applicable confidentiality
obligations between Abbott and third parties). . . . Employee
acknowledges and agrees that the relationship of Employee to ABBOTT
with respect to Confidential Information shall be fiduciary in nature.

24. Tyre acknowledged that Abbott would face irreparable injury in the event of breach

or threatened breach of the foregoing provisions and that Abbott would be entitled to injunctions

along with its attorneys’ fees:

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11. Breach and Remedies. In the event of Employee’s breach or

threatened breach of any portion of this Agreement, Employee
acknowledges and agrees that:
***
(d) Abbott will face irreparable injury which may not be reasonably
possible to calculate in dollar terms, and that in addition to other
remedies available, Abbott shall be entitled to injunctions enjoining
such breach or threatened breach by Employee, Employee’s agents or
representatives, or any other persons or entities acting for or with
Employee. Employee further acknowledges and agrees that in addition
to any other rights and remedies, Abbott shall be entitled to damages,
attorneys’ fees and all other costs and expenses reasonably incurred by
Abbott in enforcing this Agreement.

Abbott’s Efforts to Maintain Confidentiality

25. Abbott Nutrition’s secret product formulations are neither known to Abbott’s actual

or potential competitors, nor to any other entity wishing to develop or manufacture nutrition

products, except those under contractual duties not to disclose or improperly use Abbott’s

formulations, such as third-party manufacturers.

26. These formulations are the product of Abbott’s significant investment and Abbott

carefully maintains the secrecy of these formulations to protect that investment. Specifically,

Abbott maintains its formulations in access-controlled repositories that are not available to external

parties and are only available to a subset of Abbott employees that have a business connection to

the products. Documents on these repositories are generally marked as “confidential” and warn

employees not to disclose the information in the documents. If a third-party manufacturer assists

in manufacturing its products, Abbott requires them to sign agreements acknowledging the

existence and importance of Abbott’s propriety information, and agreeing not to use or disclose

such information except as required and authorized within the scope of their work.

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27. In the hands of an actual or potential competitor, this information would allow the

competitor to rapidly develop a product similar to and competitive with an Abbott product without

devoting the substantial resources and significant costs associated with independently developing

the product though a proper research and development program.

28. Abbott invests millions of dollars each year to protect the confidentiality of its

trade secrets and other proprietary information, including implementing appropriate security

systems to protect not only its physical offices and records, but also its electronically stored

information.

29. Abbott employs robust technology systems designed to protect the integrity of its

data and monitors its systems for signs of infection, intrusion, and dissemination.

30. Abbott also has an Electronic Media Use Policy that instructs employees to take

appropriate precautions against allowing unauthorized access and prohibits sharing unauthorized

information with third parties.

31. Abbott requires employees, like Tyre, with access to the foregoing information to

sign agreements (1) acknowledging the existence and importance of Abbott’s confidential

information and trade secrets, and (2) agreeing not to use or disclose such information except as

required and authorized within the scope of their employment at Abbott.

Tyre’s Removal And Use Of Abbott’s Trade Secrets

32. In January 2018, Tyre decided to leave Abbott and join BN. By January 31, 2018,

Tyre was making plans to join BN, and two days later, he signed his “Official Offer of

Employment” from BN.

33. Unbeknownst to Abbott, on January 30, 2018, Tyre secretly saved approximately

3000 Abbott documents to a USB drive. The names and folder structures of the USB documents

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track the corresponding names and folder structures of a restricted Abbott repository to which Tyre

had access by virtue of his role on the Abbott Nutrition R&D team. Documents Tyre downloaded

to his USB drive included (i) bills of material and similar ingredient lists that contained the

formulations for dozens of actual or contemplated Abbott Nutrition products and (ii) proprietary

information related to manufacturers, vendors, ingredients, and other matters concerning Abbott

Nutrition products. These products included liquids, powders, and edibles. The documents

concerned products sold under the Ensure brand as well as the EAS, AdvantEDGE, and Myoplex

brands. Formulations and related documents for EAS, AdvantEDGE, and Myoplex products

(Abbott brands discontinued since Tyre’s departure) can be used to develop products that directly

compete with Ensure products.

34. A month after the mass download, in March 2018, Tyre gave notice that he was

resigning from Abbott to join BN. His employment ended at Abbott, and began at BN, in May

2018.

35. Tyre intended to take, keep, and use Abbott trade secrets and confidential

information on the USB drives during his post-Abbott employment. There was no legitimate

employment-related purpose for Tyre to download, en masse, this confidential and sensitive

information at any time during his Abbott employment, let alone three days before signing his

employment offer from BN. Moreover, Tyre used the drives after he departed from Abbott, so his

decision to take and keep the documents was intentional.

36. BN has advised Abbott that it fired Tyre for cause in December 2022 and,

thereafter, Tyre began serving as a self-employed consultant to companies that design,

manufacture, or sell nutrition products. According to BN, Tyre is working or attempting to work

with companies that make nutrition powders, liquids, and/or gummies. The confidential trade

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secret formulations on Tyre’s USB drives concern Abbott’s nutrition powders, liquids, and

gummies. Abbott made all three types of products while it employed Tyre, and it continues to

make nutrition powders and liquids.

37. Tyre’s disclosure of Abbott’s proprietary product formulations would cause

substantial harm to Abbott. Abbott invests substantial resources in creating product formulations.

A single product formulation can require thousands of scientist work hours, months of

experimentation, and hundreds of thousands of dollars to develop and test. If a competitor obtained

Abbott’s ingredient list, the competitor would have a roadmap to develop competing products,

saving a substantial amount of time and money, and allowing the competitor to enter the market

sooner at a lower price point.

COUNT I – BREACH/ANTICIPATORY BREACH OF CONTRACT

38. Plaintiff repeats and realleges Paragraphs 1 through 37 as though fully set forth

herein.

39. The Agreement is a valid and enforceable contract between Abbott and Tyre.

40. Abbott has fully performed its obligations under the Agreement.

41. Tyre breached the Non-Disclosure and Return of Abbott Property Provisions by

taking and keeping Abbott’s confidential and trade secret documents on his USB drives when his

Abbott employment ended and bringing those documents to BN. Tyre also has breached or will

breach the Non-Disclosure and Return of Abbott Property Provisions by disclosing to companies

other than Abbott the information within, or derived from, the confidential and trade secret

documents on his USB drives.

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42. On information and belief, Abbott has already been irreparably harmed, and will

continue to be irreparably harmed, by Tyre’s violation of the Agreement because its competitive

advantages and market share will be unfairly undermined and challenged by its competitors.

43. Abbott seeks all monetary damages recoverable as a result of Tyre’s breaches of

the Non-Disclosure and Return of Property Provisions.

44. Abbott seeks injunctive relief to prevent Tyre’s further breach of the Non-

Disclosure and Return of Property Provisions.

COUNT II – DEFEND TRADE SECRETS ACT (18 U.S.C. § 1836)

45. Plaintiff repeats and realleges Paragraphs 1 through 44 as though fully set forth

herein.

46. Abbott has many trade secrets related to its nutrition business, including the product

formulations described above.

47. These product formulations derive independent economic value from not being

known to companies that seek to make products similar to Abbott’s current and former nutrition

products. Absent access to these formulations, such companies—including Abbott’s actual and

potential competitors—would need to incur substantial monetary costs and incur significant delays

to market by undergoing a proper research and development program to develop the products

independently.

48. Tyre misappropriated Abbott’s trade secrets by taking and keeping Abbott’s secret

product formulations on his USB drives when his Abbott employment ended and bringing those

documents to BN. Tyre also misappropriated or will misappropriate Abbott’s trade secrets by

disclosing to companies other than Abbott the information within, or derived from, the trade secret

formulations on his USB drives.

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49. Abbott seeks damages for the actual loss caused by Tyre’s misappropriation of

Abbott’s trade secrets.

50. Abbott seeks exemplary damages of two times the amount of actual damages

caused by Tyre’s willful and malicious misappropriation of Abbott’s trade secrets.

51. Tyre’s continued misappropriation will cause Abbott irreparable harm by

undermining Abbott’s competitive advantage in the nutrition market—an advantage that Abbott

has gained through its investment in the development of trade secret information.

52. Abbott seeks injunctive relief to prevent Tyre’s further misappropriation of

Abbott’s trade secrets.

COUNT III – ILLINOIS TRADE SECRETS ACT (765 ILCS 1065/1, et seq.)

53. Plaintiff repeats and realleges Paragraphs 1 through 52 as though fully set forth

herein.

54. Abbott has many trade secrets related to its nutrition business, including the product

formulations described above.

55. These product formulations derive independent economic value from not being

known to companies that seek to make products similar to Abbott’s current and former nutrition

products. Absent access to these formulations, such companies—including Abbott’s actual and

potential competitors—would need to incur substantial monetary costs and incur significant delays

to market by undergoing a proper research and development program to develop the products

independently.

56. Tyre misappropriated Abbott’s trade secrets by taking and keeping Abbott’s secret

product formulations on his USB drives when his Abbott employment ended and bringing those

documents to BN. Tyre also misappropriated or will misappropriate Abbott’s trade secrets by

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disclosing to companies other than Abbott the information within or derived from the trade secret

formulations on his USB drives.

57. Abbott seeks damages for the actual loss caused by Tyre’s misappropriation of

Abbott’s trade secrets.

58. Abbott seeks exemplary damages of two times the amount of actual damages

caused by Tyre’s willful and malicious misappropriation of Abbott’s trade secrets.

59. Tyre’s continued misappropriation will cause Abbott irreparable harm by

undermining Abbott’s competitive advantage in the nutrition market—an advantage that Abbott

has gained through its investment in the development of trade secret information.

60. Abbott seeks injunctive relief to prevent Tyre’s further misappropriation of

Abbott’s trade secrets.

PRAYER FOR RELIEF

Abbott respectfully requests that the Court find in its favor and against Defendant Roger

Tyre, and grant Abbott the following relief:

A. Issue preliminary and permanent injunctive relief prohibiting Tyre from using or

disclosing Abbott’s trade secrets or confidential information;

B. Issue preliminary and permanent injunctive relief ordering Tyre to return, and delete

all copies of, Abbott’s trade secrets or confidential information that are in his

possession, custody, or control;

C. Award Abbott monetary damages to which it is entitled for any misappropriation by

Tyre of Abbott’s trade secrets up until the date he is finally and permanently

enjoined from further misappropriation, including compensatory and exemplary

damages;

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D. Award Abbott costs, expenses, and attorneys’ fees under Section 11 of the

Agreement, 18 U.S.C. § 1836(b)(3)(D), and 765 ILCS 1065/5;

E. Award Abbott pre- and post-judgment interest on its damages; and

F. Award such other and further relief as the Court deems just and equitable.

JURY DEMAND

Abbott demands trial by jury on all the claims for damages.

Dated: May 30, 2023 Respectfully submitted,

/s/ Ronald S. Safer

Ronald S. Safer
Nick Kahlon
Louis A. Klapp
Edgar Matias
RILEY SAFER HOLMES & CANCILA LLP
70 W. Madison Street, Suite 2900
Chicago, Illinois 60602
Phone: 312-471-8700
Fax: 312-471-8701
rsafer@rshc-law.com
nkahlon@rshc-law.com
lklapp@rshc-law.com
ematias@rshc-law.com

Attorneys for Plaintiff Abbott Laboratories

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