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2d Cir 9th Cir accused infringer aff'd agreement alleged antitrust laws apply Ass'n attorney fees breach Bus & P C CA2d CA3d California cause of action CD Cal claim Clayton Act client competitors complaint conduct confidential conspiracy contract Corp corporation court held covenant customer list damages defendant defendant's disclosure distributor Elec employment F Supp Fed Cir Fed R Civ Federal Trade Comm'n filed former employee Indus injunctive relief injury intent issue Lanham Act litigation manufacturer mark ment misappropriation Ninth Circuit party plaintiff preliminary injunction price discrimination prior art Prods prohibited protection purchasers registration restraint Robinson-Patman Act rule of reason seller Sherman Act solicitation statutory supra Supreme Court temporary restraining order termination tion tort trade secret Trade Secrets Act trial tying arrangement unfair competition Uniform Trade Secrets unlawful USPQ violation