“Lost?” Cliff sounds amused. “All but one of the copies was lost?”
“Objection.” I need to stop this before my witness falls apart. I can’t afford for that to happen, especially when Dr. Waxx is our final witness before the defense takes over. “Hearsay.”
Cliff shakes his head. “If there was only one physical copy of the formula, then an actual theft occurred, Your Honor. That would fall under a different charge than Trade Secret Misappropriation, which is what this case is all about.”
Fuck. Ranger is on a roll. He’s also absolutely correct.
I took over the case after work had been done by the former firm and did my due diligence, starting over from the beginning to make sure I didn’t miss anything, but it appears McBride and whoever reviewed the initial complaint at our firm were more interested in taking on the client than the actual case.
The judge nods. “Objection overruled. Answer the question, Dr. Waxx.”
Sweat dampens the edge of Dr. Waxx’s hairline. It wouldn’t be as noticeable if his hair wasn’t pulled back in a man bun. “What was the question?”
“You mentioned the other copies of the formula got lost. Does that mean the formula was never entered into a database or spreadsheet?”
“Uh-uh.” Dr. Waxx stares at Lucas as if asking for the answers to a final exam. The scientist appears pale and desperate. He clears his throat. “As far as I know, no.”
“Is that standard operating procedure at Sugar Valley Drugs?”
Dr. Waxx tugs at his eyebrow again. “It, uh, can be under certain circumstances.”
His vague answers aren’t helping him…or me. I’d coached him on using specific examples.
“How many drugs have been filed by Sugar Valley Drugs with the FDA or patent office?”
“I, um, don’t know.”
“Zero.” Cliff’s voice sharpens. “Sugar Valley Drugs has never filed once during any drug development stage. That makes me wonder. What do you do all day, Dr. Waxx?”
Fuck. Fuck. Fuck. I jump to my feet. “Objection.”
“Sustained.” Judge Grierson narrows her gaze at Cliff. “Stay in your lane, Counselor.”
He gives a brief nod. “Forgive me, Your Honor. I’m not implying anything negative about Dr. Waxx. I’d just like to counter Sugar Valley’s zero with Zentello, who not only filed with the FDA during every step of the drug development process but have also been awarded a patent for Orchid.”
Say what? I glance at Lucas, whose face is red. It appears he hadn’t known about that either.
“I’d like to submit two pieces of evidence. Exhibits A and B.” Cliff shows them to the judge. “Dr. Waxx, please tell us which one of these formulas is Orchid.”
Dr. Waxx examines both. “B.”
“You’re certain?”
“Positive.” His voice is confident. “It matches our copy.”
Cliff rubs his chin. “Wait. You said Sugar Valley Drugs’ copy of the formula was lost. So what does Exhibit B match?”
Fuck. Dread fills my stomach. Even the air is heavier to breathe.
“Do something,” Lucas mutters under his breath.
I nod once, though I have no idea how to stop what’s happening on the stand right now. Forget wanting to settle. Zentello will want the case thrown out. If that happens, I lose.
Lose the case. Lose my job. Lose everything.
“Um.” Dr. Waxx’s deer-in-the-headlights expression doesn’t instill confidence in her, or, she assumed, in the judge. “Someone remembered the formula and wrote it down. Yeah, that’s what happened, and why it matches what’s on that piece of paper.”
“Let it be known that the esteemed Dr. Waxx has chosen Exhibit B.” Cliff shows Dr. Waxx the paper again. “You’re positive this is Sugar Valley’s formula for Orchid?”