Where a plaintiff employer seeking to enforce a non-competition agreement has moved for a preliminary injunction, the contractual restriction on working for a competitor is overbroad geographically, so it may be enforced only within the “Metro-Atlantic” region that was the focus of the defendant’s sales efforts during his last two years working for the plaintiff.
“Genzyme Corp. seeks to enforce a non-competition agreement and bar James Melvin for one year from working for LEO Pharma Inc. as Head of Sales for, or in any other capacity supporting sales of, a drug known as Adbry. Genzyme is now part of Sanofi, and calls itself Sanofi US. Adbry directly competes with Sanofi’s drug known as Dupixent; both are prescription drugs that are marketed and sold to treat patients with moderate-to-severe atopic dermatitis.
“The Court finds that Melvin contractually waived his assertion that his noncompetition agreement ended in early 2021 when he took a lower-level position and gave up important parts of his compensation, and that Melvin’s one-year non-compete obligation did not start to run until he left Sanofi US on March 17, 2023. But, in light of Melvin’s change of responsibilities two years ago, the Court finds that the contractual restriction on working for a competitor is overbroad geographically. The Court will therefore allow in part plaintiff’s motion for a preliminary injunction, but restrict the non-competition injunction against Melvin to the area that...
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