## Facts

- Zynga, Inc. is a California-based online social-gaming company known for games such as FarmVille, CityVille, Words With Friends, and CastleVille.
- Alan Patmore worked for Zynga as the general manager of Zynga’s CityVille game and had access to nonpublic company data and other proprietary materials.
- Zynga alleged Patmore signed a confidentiality agreement barring him from using or disclosing Zynga’s proprietary materials during and after employment.
- Zynga alleged that shortly before leaving the company Patmore intentionally copied more than 760 files from his Zynga-issued computer.
- Zynga alleged the copied materials included internal assessments of game features; past and future game monetization plans; game-design information for a game still in development; design documents for other unreleased games; revenue information; employee information; strategic information; and a large set of emails, including confidential communications involving executive staff over an extended period.
- Zynga alleged Patmore copied the files into a folder and synced or uploaded them to his personal Dropbox account, and that forensic evidence showed an effort to remove Dropbox from the Zynga computer.
- Patmore left Zynga and joined Kixeye, a competitor in the social-gaming industry, as Vice President of Product.
- Zynga alleged Kixeye had publicly expressed hostility toward Zynga and could use the taken data to compete more effectively.
- Zynga sued Patmore for trade-secret misappropriation and breach of contract, seeking damages and injunctive relief barring Patmore and those working with him from keeping, accessing, using, or disclosing Zynga’s data.
- Public reporting indicates Zynga later added Kixeye as a defendant, and Kixeye responded with defenses and related claims accusing Zynga of using the dispute to interfere with competition and to obtain Kixeye’s confidential information.
- The matter resolved by settlement in 2013; Patmore issued a public statement accepting responsibility for copying and taking Zynga confidential information when he resigned and apologizing to Zynga and former colleagues.

## Issues

1. Whether Zynga showed sufficient grounds for early injunctive relief based on allegations that Patmore copied and retained Zynga confidential files (including alleged trade secrets) and posed a risk of use or disclosure after joining a competitor.
2. Whether the categories of information Zynga identified (monetization plans, unreleased game designs, internal assessments, revenue data, employee data, strategy materials, and confidential emails) could qualify as trade secrets under California law if Zynga maintained secrecy and the information had economic value from not being generally known.
3. Whether copying company files to a personal Dropbox account and retaining them after departure could constitute misappropriation by improper acquisition and/or threatened unauthorized use or disclosure.
4. Whether Patmore’s alleged conduct breached his confidentiality agreement and supported remedies independent of trade-secret protection (including orders requiring return, deletion, and nonuse).

## Decision

- The San Francisco Superior Court granted Zynga a temporary restraining order early in the case restricting Patmore from using or disclosing Zynga’s data.
- Zynga later expanded the dispute to include competitor Kixeye, according to public accounts.
- The case did not produce a published merits ruling determining trade-secret status, liability, or damages.
- The parties settled in 2013; as part of the public resolution, Patmore stated that he accepted responsibility for copying and taking Zynga confidential information when he resigned and apologized.

## Legal Principles

- Under California trade-secret law, information may be protected if it derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy.
- A large-scale, unauthorized transfer of internal business and product materials (including syncing to personal cloud storage) may support an inference of improper acquisition and justify interim court orders aimed at preventing use or disclosure.
- Confidentiality agreements can support claims and remedies even where parties dispute whether particular materials meet the statutory definition of a trade secret, including orders barring retention, access, and disclosure after employment ends.
- Trial courts may grant temporary restraining orders in trade-secret disputes where the plaintiff shows a likelihood of success and a risk of irreparable harm from competitive use or disclosure, especially when supported by forensic evidence of copying and attempted concealment.
- Because this matter settled at the trial-court level without a published opinion, it provides limited precedential guidance; its significance is primarily practical, showing how trade-secret and contract claims may be used to obtain rapid protective relief after alleged mass copying of confidential files.

## Conclusion

In *Zynga v. Patmore*, Zynga alleged its former CityVille general manager copied more than 760 confidential files to a personal Dropbox account before departing for competitor Kixeye, and it pursued trade-secret and contract claims seeking damages and injunctive relief; the court issued an early TRO limiting use and disclosure, and the case later settled without a published merits decision, with Patmore publicly accepting responsibility for copying and taking Zynga confidential information and apologizing.


Zynga v. Patmore, No. CGC-12-525099 (2012)