Full opinion text
BRISCOE, Chief Judge. Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against defendants Andrew Chiang, Jun Yang, Lonny Bowers, WideBand Solutions, Inc., and Versatile DSP, Inc. (collectively the WideBand defendants), alleging misappropriation of trade secrets. ClearOne also asserted claims against Chiang and Yang for breach of fiduciary duty, as well as claims against Yang for breach of contract and breach of the duty of good faith and fair dealing. The case proceeded to trial, where the jury found in favor of ClearOne' on all of its claims. The district court entered a final judgment, as well as a permanent injunction, in favor of ClearOne. The district court subsequently found that the Wide-Band defendants, in connection with interested parties Donald Bowers, DialHD, and David Sullivan, violated the terms of the permanent injunction. Accordingly, the district court expanded the scope of its permanent injunction to include the activities of these interested parties. The Wide-Band defendants and the interested parties (collectively the Appellants) have filed a number of appeals, including the twelve consolidated appeals now at issue. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm. I A. Factual background ClearOne’s purchase and oumership of the Honeybee Code ClearOne is a Utah corporation with its principal offices in Utah. At the time of its inception in the early 1980’s, ClearOne, which was then known as Gentner Communications Corporation (Gentner), manufactured and sold equipment exclusively for the radio broadcasting market. In the early 1990’s, Gentner sought to expand its product offerings by entering the audio teleconferencing equipment market. Gentner determined that, in order to do so successfully, it had to first develop a method of dealing with acoustic echo, which occurs when sound from a loudspeaker is picked up by a microphone in the same room. Accordingly, in 1991, Gentner assigned a team of its engineers to develop an acoustic echo cancellation (AEC) process using a special computer chip called a digital signal processor (DSP). The team first created an algorithm to accomplish the task of AEC. The team then programmed the algorithm into the DSP chips. That process involved first translating the algorithm into “high-level” computer programming language, or source code. The source code was then converted into a lower-level programming language called assembly code, and finally into object code, which is a sequence of binary number instructions. Gentner’s engineering team produced its first AEC product approximately two years later. That product, however, did not perform well in the market. The engineering team thus continued to work on AEC technology and in 1997 completed the Gentner Distributed Echo Cancellation (DEC) algorithm that was subsequently utilized in a line of AEC products called Audio Perfect. The Audio Perfect line of products helped Gentner capture the largest market share in the commercial audio market. In the spring of 2000, Gentner began investigating the possibility of purchasing the assets, including the intellectual property, of a company called ClearOne, Inc. (Old ClearOne). Gentner did so for two reasons. First, Gentner was interested in obtaining a videoconferencing computer program, nicknamed Killerbee, that Old ClearOne was developing. Second, Gentner was looking to expand into the tabletop teleconferencing market and was aware that Old ClearOne had developed and was close to marketing a portable tabletop teleconferencing phone, the Old ClearOne speakerphone, that utilized an internally developed AEC algorithm, nicknamed the Honeybee Code. The advantage to Gentner of purchasing the Honeybee Code was that it would allow Gentner immediate entry into the tabletop market, as opposed to Gentner’s engineering team having to internally develop a unique AEC product for the tabletop market. Gentner’s vice president of technology, Tracy Bathurst, was assigned to perform due diligence on Old ClearOne’s products prior to Gentner entering into a purchase agreement with Old ClearOne. Bathurst traveled to Old ClearOne’s offices in May 2000, met with each of Old ClearOne’s engineers, including defendant Yang, and reviewed the source code for both the Killerbee and Honeybee products. In July 2000, Gentner entered into an asset purchase agreement with Old ClearOne, pursuant to which Gentner, in exchange for approximately $8,758,000, purchased most of Old ClearOne’s assets, including its intellectual property and its corporate name. As part of the asset purchase, Gentner kept Old ClearOne’s Massachusetts office open and employed some of Old ClearOne’s engineers, including Yang, to continue work on the Honeybee and Killerbee projects. In order to protect the confidentiality of the Honeybee and Killerbee source codes, Gentner required Yang and the other Old ClearOne employees to sign eonfidentiality and noncompetition and invention assignment agreements. Gentner, which changed its name to ClearOne following completion of the asset purchase agreement, subsequently attempted to market the Old ClearOne speakerphone. Sales, however, were disappointing. Consequently, in the summer of 2002, ClearOne removed the speakerphone from the market and destroyed its remaining inventory of the speakerphones. ClearOne in turn placed the Honeybee source code into its archive, thereby making it available to its engineers for possible future use. Biamp and Echonology Biamp Systems (Biamp) is a small, Oregon-based company that designs, manufactures, and sells commercial audio equipment, and thus competes directly with ClearOne in the commercial audio market. Prior to 2002, Biamp had licensed AEC technology from another company for use in its Voice Crafter acoustic echo canceller. By the spring of 2002, however, sales of the Voice Crafter were fading. Because Biamp did not own the rights to, and thus could not modify, the AEC technology used in the Voice Crafter, and because it had not been able to develop internally its own AEC technology, Biamp began looking for other sources from which to license AEC technology. In June 2002, Biamp was approached by defendant Lonny Bowers, who alleged that he represented a company called Echonology, L.L.C. (Echonology). Lonny Bowers stated that Echonology was comprised of himself, Yang (who left his employment with ClearOne in the spring of 2001), and defendant Chiang, the former president and a former shareholder of Old ClearOne. Lonny Bowers informed Biamp that Echonology was interested in providing Biamp with AEC technology. The president of Biamp, Ralph Lock-hart, subsequently exchanged e-mail messages with Chiang. Chiang informed Lockhart that Echonology’s technologies concentrated in the areas of AEC and line echo cancellation. Lockhart in turn asked Chiang to submit to him any materials that could provide Biamp with a better insight into Echonology and the work its shareholders had previously performed at ClearOne or Old ClearOne. Chiang provided Lockhart with a resume that indicated that Chiang, while at Old ClearOne, had successfully developed an award-winning audio conferencing phone (the Old Clear-One speakerphone). Chiang further provided Lockhart with a resume for Yang indicating that Yang had experience with AEC and line echo cancellation algorithm development. In July 2002, Lonny Bowers, Chiang and Yang traveled to Oregon and met with Lockhart and Matthew Czyzewski, Biamp’s vice president of engineering. The two Biamp representatives informed Lonny Bowers, Chiang and Yang that Biamp was looking to obtain AEC technology. Chiang and Yang in turn discussed their involvement with Old ClearOne’s AEC technology. Biamp subsequently prepared and submitted to Lonny Bowers, Chiang and Yang a specification outlining the criteria it wanted an AEC algorithm to meet. Lonny Bowers, Chiang and Yang in turn provided Biamp with a proposal for developing an AEC algorithm that would meet Biamp’s specification. The proposal provided that programming of the algorithm would take approximately four months. The proposal outlined two alternative pricing options: a price of $400,000 for the object code alone; or a price of $650,000 for both the object and source code. Biamp ultimately rejected the proposal, primarily due to cost concerns. At no point during the discussions did Lonny Bowers, Chiang or Yang inform Biamp that Eehonology was a fictitious company. ClearOne’s license agreement with Biamp After rejecting the proposal submitted by Lonny Bowers, Chiang and Yang, Biamp continued to look elsewhere for AEC technology. Ultimately, in late 2002, Biamp agreed to license from ClearOne the Gentner DEC algorithm. As part of the license agreement, ClearOne modified the Gentner DEC algorithm so that it would function on the computer chip utilized in Biamp’s hardware. ClearOne did not provide Biamp with the source code for the modified algorithm. Instead, Clear-One gave Biamp only a disk containing the object code for the modified algorithm. WideBand In 2003, Lonny Bowers, Chiang and Yang formed WideBand Solutions, Inc. (WideBand), a Massachusetts corporation. Lonny Bowers served as president of the company, Chiang was vice president, and Yang served as treasurer and chief technology officer. Lonny Bowers raised capital for WideBand by telling potential investors that Yang played a significant role in the development of Old ClearOne’s and ClearOne’s AEC technology. Yang proceeded to produce for Wide-Band an AEC algorithm and related software called FC101. WideBand began marketing that product in early 2004. Yang in turn used the FC101 software to create a second AEC algorithm and related software product called WC301. The WC301 product was placed on the market in the third quarter of 2004. Versatile Yang subsequently created a separate Massachusetts corporation called Versatile DSP (Versatile). Yang and Versatile entered into an agreement with WideBand, pursuant to which WideBand granted Yang and Versatile the ownership rights in the object code developed by WideBand, and Yang and Versatile in turn granted WideBand the right to sublicense the object code. Although the agreement also afforded WideBand the right to purchase the source code for a predefined amount, it purported to reserve for Yang the conceptual knowledge or ideas underlying the source code. WideBand and Biamp In March 2004, WideBand met with Biamp and proposed to provide Biamp with a software license for AEC technology at a significantly lower price than Biamp was paying ClearOne to license the modified Gentner DEC algorithm. Biamp agreed to the proposal and the parties entered into a written licensing agreement. In February 2005, WideBand provided Biamp with the final version of the anticipated AEC software. Biamp’s AEC-related product incorporating the WideBand AEC technology, called the AEC2W card, began shipping to consumers that same month. In approximately mid-2005, Biamp and WideBand discussed the possibility of Biamp purchasing WideBand’s assets, including both the source and object codes for the AEC technology that Biamp was licensing from WideBand. As part of those discussions, on September 5, 2005, Lonny Bowers sent an e-mail to Czyzewski at Biamp noting that “this algorithm [i.e., the algorithm provided by WideBand to Biamp] has functioned successfully in the market for approximately six years,” “[d]ating back to the ClearOne, Inc. phone.... ” JA at T2749. Ultimately, Biamp chose not to acquire WideBand, and instead began internally developing its own AEC algorithm. Biamp ultimately produced its own working AEC algorithm and began selling products incorporating that technology in the fall of 2006. ClearOne’s discovery of Biamp’s relationship with WideBand At approximately the same time that Biamp began licensing AEC technology from WideBand, it ceased licensing the modified Gentner DEC algorithm from ClearOne. After learning that Yang and Chiang were associated with WideBand, ClearOne began to investigate whether WideBand had used any of ClearOne’s proprietary technology. To do so, Clear-One hired an independent engineer, purchased a Biamp AEC product, and had the independent engineer extract the object code from that product. Following completion of the engineer’s work, ClearOne filed this suit. B. Procedural background ClearOne’s complaint On January 3, 2007, ClearOne filed suit in Utah state court against Chiang, Yang, WideBand, and Biamp asserting a variety of claims, including breach of contract (against Yang), breach of the covenant of good faith and fair dealing (against Yang), misappropriation of trade secrets (against Yang, Chiang and WideBand), threatened or future misappropriation of trade secrets (against Biamp), conversion (against Yang, Chiang and WideBand), unjust enrichment (against all defendants), breach of fiduciary duty (against Yang and Chiang), constructive trust (against Yang and Chiang), and tortious interference with business relations (against Yang, Chiang and Wide-Band). Chiang, Yang and WideBand removed the case to federal district court on the basis of diversity jurisdiction. ClearOne subsequently filed four amendments to its complaint. The relevant amendments included (a) adding Lonny Bowers and Versatile as defendants (and asserting claims against them for misappropriation of trade secrets, conversion, unjust enrichment, and tortious interference), (b) asserting against Yang, Chiang, Lonny Bowers, WideBand and Versatile claims for future/threatened misappropriation of trade secrets, and (c) asserting against Biamp a claim for misappropriation of trade secrets. ClearOne’s claims for conversion, unjust enrichment, and tortious interference with business relations were ultimately dismissed by the district court. Pretrial injunction On August 13, 2007, ClearOne filed a motion for temporary restraining order (TRO) and preliminary injunction. In support of its motion, ClearOne alleged, in pertinent part, that on July 26, 2007, Wide-Band had consummated a license agreement with Harman Music Group, Inc. (Harman), a Utah corporation, pursuant to which WideBand would provide Harman with AEC technology “at a fire-sale price,” id. at D2544, and would also indemnify Harman “from and against ... any money judgment entered against” Harman if it were included in the instant action, id. at D2545. On October 30, 2007, the district court issued an order and memorandum decision granting ClearOne’s motion for preliminary injunction. Specifically, the district court enjoined “Yang, as well as his agents, servants, officers, employees, entities and those acting under his direction or control, ... from working on or delivering any computer code — either source code or object code — to Harman until the completion of trial.” Id. at D4985. Trial proceedings On October 20, 2008, ClearOne proceeded to trial against all defendants on its trade secret misappropriation claims, against Yang for breach of contract and breach of the duty of good faith and fair dealing, and against Yang and Chiang for breach of fiduciary duty. As part of its case-in-chief, ClearOne presented testimony from two expert witnesses, one of whom testified that the WideBand defendants continued to possess the Honeybee Code on their personal computers after leaving employment with ClearOne, and the other of whom testified that the Honeybee Code was employed by defendant Yang to produce the algorithms he created at WideBand. After hearing eleven days of evidence, the jury returned a special verdict finding in favor of ClearOne on each of its claims against the defendants. The jury further found that each of the defendants acted willfully and maliciously in misappropriating ClearOne’s trade secrets, and that Yang and Chiang also acted willfully and maliciously in breaching their fiduciary duties to ClearOne. The jury in turn awarded ClearOne damages in the following amounts: • compensatory damages against Yang for breach of contract and breach of the duty of good faith and fair dealing in the amount of $3,557,000; • compensatory damages against Yang, Chiang, Lonny Bowers, Versatile and WideBand for misappropriation of a trade secret in the amount of $956,000; • compensatory damages against Biamp in the amount of $956,000; • unjust enrichment damages against Yang, Chiang, Lonny Bowers, and Versatile in the amount of $317,000; • unjust enrichment damages against WideBand in the amount of $951,000; • unjust enrichment damages against Biamp in the amount of $694,000; • compensatory damages against Chiang for breach of fiduciary duty in the amount of $1,500,000; • compensatory damages against Yang for breach of fiduciary duty in the amount of $2,000,000; • punitive damages against Chiang for breach of fiduciary duty in the amount of $3,000,000; and • punitive damages against Yang for breach of fiduciary duty in the amount of $4,000,000. Permanent injunction On April 9, 2009, the district court issued a permanent injunction against all of the defendants. The injunction permanently enjoined the WideBand defendants “from disclosing, using or transferring in any way the trade secret owned by ... ClearOne ... called the Honeybee Code (including its unique algorithms or sub-algorithms that are not in the public domain), whether in the form of source code, object code, or any other form, and any code or product substantially derived from the Honeybee Code,” id. at D17520, as well as “disclosing, using, or transferring in any way the product development documentation for the Honeybee Code or any other documentation that reveals the contents of the Honeybee Code,” id. at D17521. The injunction also prohibited the WideBand defendants from “marketing, selling, manufacturing, develop[ing], modifying], duplicat[ing], or transporting] or delivering] ... technology containing the Honeybee Code or any product substantially derived from the Honeybee Code.... ” Id. The injunction prohibited Biamp “from using, disclosing, or transferring the object code licensed to it by Wide-Band for use in its ‘AEC2W’ cards ..., including use of such code to service any past or existing customers.” Id. at D17522. Post-trial rulings and entry of final judgment On April 20, 2009, the district court issued an order and memorandum decision addressing various post-trial motions. The district court concluded, in pertinent part, that (a) the jury’s findings in favor of ClearOne on its misappropriation of trade secrets claims against Yang and Chiang effectively preempted ClearOne’s claims against Yang and Chiang for breach of fiduciary duty (since these latter claims were based on the same theft of Clear-One’s trade secret), (b) ClearOne was not entitled to prejudgment interest on the damage awards, (c) “an award of exemplary damages against each of the Defendants [wa]s appropriate,” id. at D17554, “in an amount equal to two times the compensatory damages” awarded against each of the WideBand defendants, id. at D17558, and “in an amount equal to the sum of its compensatory and unjust enrichment damages” with respect to Biamp, id. at D17561, and (d) ClearOne was not entitled to judgment against defendants Yang, Chiang, Lonny Bowers, or Versatile for unjust enrichment damages. The district court also calculated exemplary damages for each defendant, denied without prejudice ClearOne’s request for an order pursuant to 28 U.S.C. § 1963 allowing it to register and enforce the final judgment in other jurisdictions, and denied various pro se motions filed by defendant Lonny Bowers. On that same date, a clerk’s judgment was entered for attorney fees and related nontaxable expenses in the amount of: $983,879.90 in favor of ClearOne against Biamp, Versatile, WideBand, Chiang, Yang and Lonny Bowers, jointly and severally; $118,025.00 in favor of ClearOne against Biamp; and $907,645.87 in favor of Clear-One against Chiang, Yang, Lonny Bowers, WideBand, and Versatile, jointly and severally. On April 21, 2009, the district court entered judgment in favor of ClearOne and against the defendants. The judgment stated as follows: IT IS ORDERED AND ADJUDGED that judgment be entered in favor of the plaintiff against (1) Andrew Chiang in the amount of $1,912,000.00 (jointly and severally with all six of the Defendants) and individually liable for $637,332.00 in exemplary damages; (2) against Jun Yang in the amount of $1,912,000.00 (jointly and severally with all six of the Defendants) and individually liable for $637,332.00 in exemplary damages; (3) against Lonny Bowers in the amount of $1,912,000.00 (jointly and severally with all six of the Defendants); (4) against Wide[B]and Solutions in the amount of $1,912,000.00 (jointly and severally with all six of the Defendants) and individually for $951,000.00 for unjust enrichment and $2,539,332.00 in exemplary damages; (5) against Versatile DSP in the amount of $1,912,000.00 (jointly and severally with all six of the Defendants) and individually liable for $637,332.00 in exemplary damages; and (6) against Biamp Systems Corp. in the amount of $1,912,000.00 (jointly and severally with all six of the Defendants) and individually liable for $694,000.00 for unjust enrichment and $1,012,666.00 in exemplary damages. Id. at D17588. Post-judgment contempt proceedings On July 16, 2009, ClearOne moved to enforce the permanent injunction and for contempt. In support, ClearOne alleged that the defendants had “transferred the assets of WideBand ... to a new, sham company called DialHD, Inc. (‘DialHD’).” Id, at D20339. ClearOne further alleged that DialHD was “registered to Lonny Bowers’ father, Donald Bowers, ... [was] operating] out of the same Connecticut office as previously ... occupied by Wide-Band,” and was “eontinu[ing] the same business as WideBand,” in particular selling “ ‘BoardroomHD’ ” products that incorporated “the same trade secrets and related technology that [we]re the subject of the ... Permanent Injunction.” Id. ClearOne also alleged that the defendants, Donald Bowers, and WideBand employee David Sullivan “ha[d] conspired and transferred, hidden, and claimed to destroy, the very Wide[B]and assets that th[e] Court ordered to be preserved in at least three orders, in addition to the Permanent Injunction.” Id. On July 17, 2009, the district court directed the Appellants to appear before the court on July 31, 2009, and “show cause at that time why they should not be held in contempt of the court’s orders ... for the conduct described in” ClearOne’s motion. Id. at D20411. Although the district court’s order authorized the Appellants “to appear at the hearing by telephone,” id. at D20412, it “strongly urge[d] [them] to appear in person,” id., and warned that if they did not, “they [would] he precluded from offering testimony, offering witnesses, or cross-examining witnesses,” id. at D20413 (emphasis in original), and would instead be limited to “listening] to the evidence presented and ... mak[ing] argument on [their] own behalf,” id. The district court also directed the Appellants to provide ClearOne with specific written disclosures prior to the July 31st hearing. Id. at D20414-15. On July 28, 2009, Lonny Bowers, Chiang and Yang each filed pro se motions, in letter form, asking the district court to reconsider the portion of its July 17, 2009 show cause order requiring them to appear in person. Lonny Bowers alleged, in summary fashion, that he was “not able to attend th[e] hearing in person due to [his] financial situation and [his] family situation” and thus requested “to appear telephonically.” Id. at D20589. Chiang, as a basis for his motion, cited his “personal financial difficulty,” his involvement in a separate court hearing in Boston on July 30, 2009, and his lack of “involvement with DialHD....” Id. at D20591. Yang, as the basis for his motion, cited only his involvement in the same July 30, 2009 court hearing in Boston. Id. at D20590. The district court denied these motions, noting that each defendant had the option of “appearing] by telephone, listening] to the evidence^] and argu[ing] on his own behalf.” Id. at D20595. On July 31, 2009, ClearOne appeared at the hearing in person through counsel. Appellants appeared on their own behalf, via telephone. The district court heard testimony from three witnesses and received exhibits submitted by ClearOne. At the conclusion of the hearing, the district court issued a TRO “effective immediately as of its issuance in open court.” Id. at D20682. On August 5, 2009, the district court issued a written order memorializing its findings in support of the TRO. The district court found that ClearOne “ha[d] demonstrated a substantial likelihood of success on the merits of its claim that [certain] DialHD Infringing Products illegally utilize[d] the Honeybee Code,” and “ha[d] met the other elements necessary for issuance of a TRO to preserve the status quo with regard to these products.” Id. at D20683. Accordingly, the district court held that the DialHD infringing products would “be considered as subject to the same restrictions as set forth” in the permanent injunction order with respect to WideBand’s infringing products. Id. The district court also ordered Donald Bowers and DialHD “not to transfer, encumber, pledge, alienate, or try to dispose of or hide any DialHD ... assets until further order of’ the court. Id. at D20684. On August 17, 2009, Chiang, Yang and Lonny Bowers filed an emergency motion for reconsideration. Id. at D20852. In support, these three defendants complained that they were not allowed to cross-examine ClearOne’s witnesses at the July 31, 2009 contempt hearing. Id. at D20853. These three defendants asked the district court to amend its TRO “in such a way as to permit Donald Bowers and Dial[HD] ... to market, sell, manufacture, develop, modify, duplicate, and transfer DialHD products,” or “set[ ] aside ... the ... TRO in its entirety....” Id. at D20854. Alternatively, they asked for “the opportunity for all parties subject to the July 17, 2009 Order to present evidence, offer testimony, and cross-examine [ClearOnej’s witnesses at a new hearing on all issues pertaining to [the] TRO....” Id. The district court denied the motion on August 31, 2009, noting that the motion “raise[d] arguments the court ha[d] already heard and denied for various reasons apparent on the record” and thus “raise[d] nothing new and ha[d] no merit.” Id. at D21401. On October 22, 2009, ClearOne moved for an order to show cause for violation of the TRO. In support, ClearOne alleged that the Appellants had failed to remove from the market certain offending products, and that a sham Chinese company was utilizing the Honeybee Code to manufacture offending products for DialHD. On October 26, 2009, the district court directed the WideBand defendants, DialHD, and David Sullivan to appear before the court on November 9, 2009, and “show cause at that time why they should not be held in contempt of the court’s orders ... for the conduct described in” ClearOne’s motion. Id. at D22026. The district court prohibited any party from appearing by telephone, and provided that “[a]ny party who d[id] not appear at the November 9, 2009 hearing — either in person or through a licensed attorney who ha[d] made a formal appearance in th[e] case — [would] be precluded from offering testimony, offering witnesses, or cross-examining witnesses.” Id. at D22027 (emphasis in original). On November 5, 2009, the WideBand defendants, DialHD, and David Sullivan filed a joint emergency motion to continue the November 9, 2009 show cause hearing. In support, they alleged that Lonny Bowers “ha[d] contracted H1N1 Influenza, and, as such, w[ould] not be able to attend the [scheduled] hearing.” Id. at D22166. The district court denied the motion to continue, but granted Lonny Bowers permission “to appear by telephone to testify on direct examination and to be cross-examined.” Id. at D22191. The district court held a hearing on ClearOne’s motion on November 9, 2009. On November 19, 2009, the district court issued an order finding that Lonny Bowers, Yang, WideBand, and DialHD were “in contempt of court for ... selling Wide-Band’s Simphonix Si-400 product in the guise of DialHD’s AEC4 and HD4551 products, all of which contain[ed] the Honeybee Code.” Id. at D22291. The district court rejected the assertion by Lonny Bowers, Yang, WideBand and DialHD that “an alleged ‘rogue’ Chinese company, Lon-goo,” was responsible for the misconduct. Id. at D22313. The district court ordered “the Contemnors ... to pay attorneys’ fees and damages sustained by ClearOne as a result of their contemptuous behavior.” Id. The district court also (a) expanded its TRO and permanent injunction “to expressly include the DialHD HD4551 product and any other DialHD product using the Honeybee Code,” id. at D22351, (b) directed “DialHD ... and all those working in active concert or participation with [it to] immediately halt all development, sale, and/or marketing of all DialHD products, including in China,” id., (c) directed “Contemnors [to] arrange for and obtain delivery to ... ClearOne ... of all code and other design materials and intellectual property covered by the” permanent injunction and TRO, id. at D22352, (d) ordered Lonny “Bowers to self-surrender to th[e] court on Friday, January 8, 2010 ... for incarceration ... unless and until he ha[d] proven to the court that he and WideBand ... ha[d] ... complied with the court’s order to halt the development, sale, and/or marketing of all DialHD products,” arranged for delivery of all infringing products to be delivered to Clear-One, “made full and genuine disclosures and cooperated in discovery,” id., and (e) ordered ‘Tang to self-surrender to th[e] court on ... January 8, 2010 ... unless and until ... he ha[d] proven to the court that he ha[d] made full and genuine disclosures and cooperated in discovery,” id. On January 8, 2010, the district court held a contempt hearing. Counsel for Lonny Bowers and Yang appeared at the hearing, but neither Lonny Bowers nor Yang personally appeared. After hearing arguments from counsel, the district court concluded that Lonny Bowers and Yang had failed to purge themselves of contempt, and thus issued arrest orders for them and directed that they be incarcerated until they purged themselves of contempt. On February 11, 2010, ClearOne filed an ex parte motion for the addition of Donald Bowers to the district court’s November 19, 2009 contempt order and amended permanent injunction. In support, ClearOne alleged that on December 29, 2009, the bankruptcy court overseeing Donald Bowers’ Chapter 7 bankruptcy proceedings “lifted the automatic stay, specifically to allow the contempt proceedings against Donald Bowers to go forward.” Id. at D22695. The district court denied Clear-One’s motion, but issued a show cause order on April 7, 2010 directing Donald Bowers to “appear personally or through counsel before the court on ... May 27, 2010 ... to show cause ... why he should not be held in contempt of the court’s” August 5, 2009 TRO. Id. at D22743 (emphasis in original omitted). On May 27, 2010, the district court held the scheduled show cause hearing. Donald Bowers did not appear in person, but was represented by counsel at the hearing. On August 13, 2010, the district court issued a civil contempt order and memorandum decision finding Donald Bowers “in contempt of court for his acts violating the court’s prohibition on possession, disclosure, use, marketing, or selling products containing ClearOne’s stolen trade secret and the court’s prohibition on diversion of Defendant WideBand Massachusetts’ assets.” Id. at D23424. More specifically, the district court found that Donald Bowers “surreptitiously re-packag[ed] and s[old] products containing the stolen trade secret” and “participated in the diversion of WideBand Massachusetts’ assets in an attempt to avoid the WideBand Defendants’ obligation to pay a multi-million dollar judgment to ClearOne.” Id. at D23426. The court further found that Donald Bowers “ha[d] committed fraud on the court by making false statements to the court and withholding material information from the court in a manner obstructing the court’s ability to enforce its orders and final judgment against the WideBand Defendants.” Id. at D23424-25. In short, the district court concluded that “[a]ll of the evidence [established] Donald Bowers’ complete lack of regard for the jury verdict and the court’s rulings.” Id. at D23455. Accordingly, the district court directed that (a) the August 5, 2009 TRO be “expanded to expressly include Donald Bowers,” id., (b) the amended permanent injunction ... be modified and expanded “to reflect the developments” noted in its order, id., (c) “Donald Bowers, and all those working in active concert or participation with [him] ... immediately halt all development, sale, and/or marketing of all DialHD products, including in China,” id., (d) “Donald Bowers arrange for and obtain the delivery to the United States, care of ClearOne or its designated agent, of all code and other design materials and intellectual property covered by the Amended Permanent Injunction,” id. at D23455-56, and “provide written evidence to the court and Clear-One confirming that he ha[d] done so, no later than ... September 17, 2010,” id. at D23456, (e) “Donald Bowers ... self-surrender to th[e] court on ... October 13, 2010 ... for incarceration (or be subject to arrest through a bench warrant) unless and until he ha[d] proven to the court that he ha[d]” complied with the court’s directives, id., and (f) Donald Bowers pay ClearOne’s reasonable attorneys’ fees and costs in pursuing the contempt order against him. On that same date, August 13, 2010, the district court also issued a second amended permanent injunction against all of the defendants in the case, as well as Donald Bowers. The injunction, in pertinent part, permanently enjoined the WideBand defendants and Donald Bowers “from disclosing, using or transferring in any way the ... Honeybee Code (including its unique algorithms or sub-algorithms that [we]re not in the public domain), whether in the form of source code, object code, or any other form, and any code or product substantially derived from the Honeybee Code,” as well as “from disclosing, using, or transferring in any way the product development documentation for the Honeybee Code or any other documentation that reveal[ed] the contents of the Honeybee Code.” Id. at D23459. The injunction also listed specific infringing products, including various WideBand products, as well as “DialHD [’s] ... products sometimes identified as the AEC4,’ the ‘Mix-4’ or ‘Automixer,’ and the HD4551; and the Longoo ACON1001.” Id. at D23460. On October 13, 2010, the district court held a hearing to determine whether Donald Bowers “had purged himself of contempt by disclosing and providing [the] specified information and infringing products.” Dist. Ct. Docket No. 2319, at 1. “Based on” what it characterized as “the meager submission to th[e] court by Donald Bowers along with the fact that he did not appear at the hearing despite being ordered to do so,” the district court found “that Donald Bowers ha[d] not purged himself of contempt and [wa]s subject to arrest and incarceration in an attempt to coerce his compliance with the court’s Contempt Order.” Id. Consequently, that same day the district court issued a bench warrant for Donald Bowers for failure to appear before the court. WideBand defendants’ motion for disclosure of “secret docket” On March 3, 2011, the WideBand defendants filed with the district court a pleading entitled “EMERGENCY MOTION FOR ACCESS TO ‘COURT ONLY USER DOCKET.”’ Dist. Ct. Docket No. 2454. In that motion, the WideBand defendants alleged that “[o]n February 11, 2011, the Magistrate issued [an order] which acknowledged the existence of a dual docketing system called the ‘Court User Only Docket,’ ” id. at 1 (ending quotation mark omitted in the original), and “ordered the docket be shared with Co-Defendant Biamp systems but did not grant access to the WideBand Defendants’ lead and appellate attorney....” Id. The WideBand defendants further alleged that they would be “severely prejudiced [in the appellate process] by not having access to ex parte communications between the court and ClearOne consisting of sealed Motions and any sealed Orders.” Id. at 2 (italics in original). The WideBand defendants thus “request[ed] access to the ‘Court Only User Docket’ by giving the docket sheets and all filings to their attorney....” Id. The district court has not yet ruled on the WideBand defendants’ motion. II Now at issue before us are twelve consolidated appeals (Nos. 09-4092, 09-4094, 09-4100, 09-4166, 09-4167, 09-4168, 09-4169, 09-4182, 09-4237, 10-4020, 10-4087, and 10-4152) asserting fourteen general issues: (1) whether the district court abused its discretion in awarding ClearOne permanent injunctive relief that was not limited in geographic, temporal, or prohibitive scope; (2) whether the district court abused its discretion in denying the Wide-Band defendants’ Federal Rule of Civil Procedure 60(b) motions for relief from judgment and stay of enforcement; (3) whether the district court’s post-verdict damage award was impermissibly excessive; (4) whether the district court erred in denying defendant Lonny Bowers’ motion to dismiss for lack of personal jurisdiction; (5) whether the special verdict form utilized by the district court was deficient for failing to require the jury to specifically find that a trade secret in fact existed and that all the elements of a misappropriation claim existed; (6) whether the district court erred in concluding that Utah law, rather than Massachusetts law, applied to ClearOne’s misappropriation of trade secrets claims; (7) whether the district court erred in denying the WideBand defendants’ motions for summary judgment and judgment as a matter of law; (8) whether the district court erred in granting a TRO in favor of ClearOne on August 5, 2009; (9) whether the district court violated the Appellants’ due process rights by prohibiting them from cross-examining witnesses and submitting evidence at the July 31, 2009 contempt hearing; (10) whether the district court’s July 17, 2009 show cause order directing the Appellants to appear before it on July 31, 2009, and outlining the parameters of that hearing, violated Appellants’ due process rights; (11) whether the district court properly exerted personal jurisdiction over DialHD and Donald Bowers at the July 31, 2009 contempt hearing; (12) whether the district judge erred in refusing to recuse; (13) whether the district court erred in affirming the magistrate judge’s award of attorneys’ fees and costs; and (14) whether the WideBand defendants’ emergency motion for access to the “Court Only User Docket” should be granted (an issue that was raised for the first time in the Wide-Band defendants’ appellate reply brief). As discussed in greater detail below, we find no merit to any of these arguments, and thus affirm the judgment and post-judgment rulings of the district court. Scope of permanent injunctive relief The Appellants contend that the district court erred in awarding ClearOne permanent injunctive relief because that relief was not limited in geographic, temporal, or prohibitive scope, and ClearOne had an adequate remedy at law. “This court reviews a district court’s grant of a permanent injunction for abuse of discretion.” Rocky Mountain Christian Church v. Bd. of Cnty. Comm’rs, 613 F.3d 1229, 1239 (10th Cir.2010). “A district court abuses its discretion when it issues an arbitrary, capricious, whimsical, or manifestly unreasonable judgment.” Id. at 1239-40 (internal quotation marks omitted). “It is well settled [that] an injunction must be narrowly tailored to remedy the harm shown.” Garrison v. Baker Hughes Oilfield Operations, Inc., 287 F.3d 955, 962 (10th Cir.2002). The second amended (and final) permanent injunction entered by the district court on August 13, 2010, prohibited the WideBand defendants and Donald Bowers: a) “from disclosing, using or transferring in any way the trade secret owned by ... ClearOne ... called the Honeybee Code (including its unique algorithms or sub-algorithms that are not in the public domain), whether in the form of source code, object code, or any form, and any code or product substantially derived from the Honeybee Code”; and b) “from disclosing, using, or transferring in any way the product development documentation for the Honeybee Code or any other documentation that reveals the contents of the Honeybee Code.” JA at D23459. The injunction further provided: Because the following “Infringing Products” contain or are substantially derived from the Honeybee Code, they are also subject to the permanent injunction: the AEC2W object code licensed to Biamp ...; the computer code licensed to Harman Music Group, Inc....; WideBand’s FC101 product; Wide-Band’s WC301 product; WideBand’s WC301A product; WideBand’s Simphonix product; DialHD, Inc.’s products sometimes identified as the “AEC4,” the “Mix-4” or “Automixer,” and the HD4551; and the Longoo ACON1001. Id. at D23460. Finally, the injunction emphasized that these restrictions “applied] not only to each of the WideBand Defendants ..., but also to each of their agents, servants, officers, employees, entities, and those acting in concert with them (including, but not limited to, DialHD, Inc. and Longoo in China, as represented by the website www.longoocn.com), and/or those acting under their direction or control, to the fullest extent allowed by law.” Id. The Appellants first argue on appeal that the injunction is overly broad because it would require enforcement efforts “outside of the United States.... ” Aplt. Br. at 32-33. We find this argument wholly unpersuasive. The only portion of the injunction that addresses activity outside of the United States is the language that (a) prohibits production and distribution of the Longoo ACONlOOl product, and (b) prohibits “Longoo in China,” or any other persons or entities acting in concert with the WideBand defendants, from violating the injunction. Far from being overly broad, this language focuses exclusively on activities that were determined by the district court to have occurred in violation of its original permanent injunction order, i.e., the production of offending products in China. Such language was, in light of the district court’s findings, entirely warranted. Indeed, without this language, the district court’s original permanent injunction would have been rendered meaningless. The Appellants next argue that the injunction “has forever prohibited [them] from participating in the acoustic echo cancellation/noise reduction industry in any form or fashion anywhere and at any time.” Id. at 33. They in turn argue that “[n]othing on the record supports the imposition of or can establish the necessity of an injunction of unlimited duration.” Id. They further argue that “ClearOne’s purported ‘trade secret’ could be reproduced by any party reasonably versed in audio/echo cancellation software in approximately three months, and could certainly be reproduced in less than a year.” Id. “Any unlawful ‘head start’ the WideBand Defendants may have gained at the time ClearOne was awarded the Injunction evaporated long ago,” they argue, and thus the permanent injunction “is ripe for dissolution.” Id. at 33-34. We reject these arguments for a number of reasons. First, the record on appeal, including the jury’s verdict, does not support the Appellants’ suggestion that an identical algorithm could be developed from scratch in a year or less. Although Yang made similar assertions during his testimony at trial, those assertions were directly refuted by ClearOne’s witnesses (who indicated that development of an AEC algorithm is difficult and can take years), and were likewise obviously rejected by the jury. Further, the district court, in entering the original permanent injunction against the WideBand defendants, expressly noted that “it [wa]s exceptionally difficult to create a functional [AEC] code and algorithm.... ” JA at D17508. Second, regardless of how long it takes to develop a new AEC algorithm, the evidence presented at trial refutes the Appellants’ suggestion that they, or anyone for that matter, could develop AEC software identical to the Honeybee Code. As ClearOne’s witnesses explained at trial, there are a host of algorithmic and programming choices that can be made in developing competing AEC software, making it difficult, if not impossible, for two individuals working independently to produce the same algorithm. Third, the district court’s injunction does not effectively prohibit the Appellants from working in the audio/echo cancellation industry; rather, it simply prohibits them from making use of ClearOne’s trade secret, i.e., the Honeybee Code. Fourth, Utah’s Uniform Trade Secrets Act (UUTSA), under which ClearOne proceeded, expressly provides for the imposition of injunctive relief during the life of the trade secret at issue, as well as “for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.” Utah Code Ann. § 13-24-3(1). Finally, the Appellants’ post-trial contemptuous conduct clearly supports the unlimited duration of the district court’s injunction. In sum, we conclude the district court did not abuse its discretion with regard to the temporal restrictions (or lack thereof) of its injunction. The Appellants argue that injunctive relief was not warranted at all because ClearOne had an adequate remedy at law,' i.e., it “obtained] multimillion dollar awards against each ... of the WideBand Defendants.... ” Aplt. Br. at 35. Importantly, however, the district court expressly found otherwise. When the district court entered its original permanent injunction, it found that damage to Clear-One’s competitive market position and goodwill was likely to occur if the Wide-Band defendants’ use of the Honeybee Code was not enjoined. The district court noted that “[bjecause of the value of the unique and functional Honeybee Code ..., any possession and use by a competitor (such as Biamp and WideBand) of that functional algorithm would irreparably harm ClearOne.” JA at D17508. Further, the district court found that Clear-One “ha[d] established a ‘cognizable danger’ that the WideBand Defendants w[ould] commit future violations,” and it noted that the WideBand defendants had acted willfully and maliciously in misappropriating the Honeybee Code, had been “less than forthcoming” with the court, id., and exhibited a “blatant disregard for clear duties” owed to ClearOne, and thus could not be relied on by the district court or ClearOne to act in a lawful manner, id. at 17509. Moreover, the district court concluded that “enjoining sales of specific WideBand products containing and using the Honeybee Code” was “a necessary consequence of the WideBand Defendants’ misconduct,” and would thus eliminate any competitive advantage WideBand obtained over ClearOne by misappropriating its technology. Id. Notably, the WideBand defendants have not attempted to refute any of these rationales. Moreover, it is apparent from the record on appeal that ClearOne has had, and is likely to continue to have, difficulty in actually collecting on the monetary judgments entered in its favor against the WideBand defendants. Thus, the injunctive relief awarded by the district court may end up being the more meaningful of the two forms of relief. In sum, then, we conclude there was no abuse of discretion on the part of the district court in imposing a permanent injunction in addition to the damage awards. Lastly, the Appellants argue that the injunction fails to delineate between the general knowledge and experience possessed by Yang, and the trade secrets owned by ClearOne. The injunction, they argue, should have allowed Yang to “make productive use of [his] own skill[s] and knowledge” obtained during his education and career. Aplt. Br. at 36. We reject these arguments. The language of the injunction focuses narrowly on the Honeybee Code, its algorithm and sub-algorithms, its supporting documentation, and the products created by the Appellants that utilized the Honeybee Code. Nothing in the permanent injunction prohibits, or remotely purports to prohibit, Yang from creating, from scratch (or from publicly available materials), his own new and unique AEC algorithms. Thus, there was no abuse of discretion on the part of the district court. Denial of WideBand defendants’ Rule 60(b) motions The WideBand defendants contend that the district court erred in denying what they describe as their Federal Rule of Civil Procedure 60(b) motions for relief from judgment and stay of enforcement. ‘We review for abuse of discretion a district court’s denial of a Rule 60(b) motion, keeping in mind that Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances.” Dronsejko v. Thornton, 632 F.3d 658, 664 (10th Cir. 2011) (internal quotation marks omitted). On June 1, 2009, less than two months after the district court entered final judgment, Lonny Bowers filed a pro se motion “for relief of judgment and stay enforcement.” JA at D19650. Lonny Bowers argued, in pertinent part, that “[t]he subject of Honeybee’s secrecy ha[d] been improperly evaluated in th[e] case.” Id. at D19652. In support, Lonny Bowers alleged that, based upon his discussions with Old ClearOne employees, the Honeybee Code was never treated by Old ClearOne or its employees as a trade secret, and thus could not have become a trade secret upon its acquisition by Gentner/ClearOne. Lonny Bowers also complained that Clear-One had improperly withheld from the WideBand defendants, until the time of trial, the nature of ClearOne’s trade secret (as well as related documents), and had thus effectively prevented the district court and the jury “from hearing ‘all’ the facts in th[e] litigation.” Id. at D19661. On June 2, 2009, Lonny Bowers filed a second pro se motion “for relief of judgment and stay enforcement.” Id. at D19131. Lonny Bowers alleged in the motion that he had obtained from the Library of Congress a copy of ClearOne’s copyright submission for the Honeybee Code, and that after reviewing that submission, it was apparent to him that ClearOne had committed fraud on the copyright office by making false representations in its copyright application. Lonny Bowers further alleged that the elements ClearOne alleged to be its trade secret were actually “present in PictureTel patent 5305307 and open source code called ‘Speex’ available at no cost to anyone with an internet connection.” Id. at D19133. Lonny Bowers in turn argued that “[t]he representations made by ClearOne that this specific code was ‘Honeybee’ code which was copied and used by the Defendants [wa]s false, fraudulent and calculated.” Id. Lastly, Lonny Bowers alleged that he and the other WideBand defendants were not privy to what ClearOne’s alleged trade secret was until the time of trial, and thus were unable to compare that alleged trade secret to publicly available information. On June 19, 2009, Lonny Bowers filed a pro se emergency motion for evidentiary hearing. Id. at D19883. In that motion, Lonny Bowers called into question the veracity of ClearOne’s expert witness, Thomas Makovicka (who opined at trial that the WideBand codes were substantially similar to, and indeed based upon, the Honeybee Code), and alleged that he had new evidence that would establish that the similarities between the WideBand codes and the Honeybee Code were based upon publicly available information, rather than trade secret information possessed by ClearOne. Defendants Yang and Chiang subsequently filed pro se motions to join Lonny Bowers’ Rule 60(b) motions. On July 20, 2009, the district court issued an order and memorandum decision denying Lonny Bowers’ first two motions, as well as Yang’s and Chiang’s motions to join. Id. at D20417-18. At the outset of its order, the district court outlined how it had handled the confidentiality of the Honeybee Code during the litigation. The district court noted that a confidentiality order “was issued relatively early in pre-trial proceedings after ClearOne and the WideBand Defendants (including Lonny Bowers), through their attorneys, filed motions seeking a confidentiality order.... ” Id. at D20418. That confidentiality order, the district court noted, “allowfed] any party, in good faith, to designate information as ‘CONFIDENTIAL’ (i.e., for the eyes of parties, outside counsel, and independent outside experts only) or ‘HIGHLY CONFIDENTIAL’ (i.e., for the eyes of outside counsel and independent outside experts only) before disclosing the information for litigation purposes.” Id. at D20419. “Throughout the litigation,” the district court noted, “the parties used the designations frequently, including the ‘HIGHLY CONFIDENTIAL’ designation for the claimed trade secret, the Honeybee Code.” Id. The district court further noted that the WideBand defendants’ “independent outside expert, Dr. Richard Koralek, had access to ‘HIGHLY CONFIDENTIAL’ information (i.e., the Honeybee Code) and testified about the code during trial.” Id. The district court then turned to the issues raised by Lonny Bowers in his two Rule 60(b) motions. The court first addressed Lonny Bowers’ contention “that ClearOne deliberately withheld crucial portions of the Honeybee Code until trial, when it was too late to mount a reasonable defense.” Id. at D20423. “Underlying [that] contention,” the district court stated, “[wa]s the assumption that only he and ... Yang ..., but not his counsel or independent outside expert witness, could ascertain the public domain elements of the Honeybee Code and bring to the court’s and jury’s attention that, in his view, the Honeybee Code was not a trade secret at all.” Id. The district court rejected that assumption as a basis for granting Rule 60(b) relief. Second, the district court rejected as “not persuasive” Lonny “Bowers’s claim that the redacted first and last twenty-five pages of the Honeybee source code (out of hundreds, if not thousands, of pages),” which were contained in ClearOne’s copyright application, “somehow reveal[ed] that ClearOne ha[d] no trade secret, and that ClearOne ha[d] perpetrated a fraud on the court....” Id. at D20425. More specifically, the district court concluded that “[t]he limited amount of source code disclosed as part of Clear-One’s submission to the Library of Congress or in its copyright application d[id] not disclose the trade secret’s algorithms or implementation of those algorithms, all of which were discussed at trial and in the jury instructions.” Id. at D20424-25. In other words, the district court concluded, although “no one disputed that v some aspects of the Honeybee Code were in the public domain,” “those aspects were not what ClearOne claimed as a trade secret.” Id. at D20425. Instead, the district court noted, “ClearOne’s trade secret [wa]s greater than the sum of its parts.” Id. Third, the district court concluded that Lonny “Bowers’s other arguments [we]re equally ineffective” and were based on evidence (for example, the Honeybee Code, the Honeybee copyright, and defendants’ own affidavits) that “was in the hands of the defendants before trial.” Id. Fourth, the district court emphasized that the Honeybee Code, as well as all other information labeled “Highly Confidential,” “was available to ... [Lonny] Bowers’s attorneys and independent outside expert witness” well prior to trial, and it noted that Lonny “Bowers and ... Yang attended many hearings, and the trial of course, where much of this information was discussed.” Id. at D20427. In other words, the district court concluded, “[n]one of the evidence cited by ... [Lonny] Bowers in his two motions qualifiefd] as ‘newly discovered,’ because the information upon which he relie[d] was previously produced to ... [Lonny] Bowers, through counsel, during the litigation or was readily ascertainable by exercising reasonable diligence.” Id. Fifth, the district court concluded that, “[i]n any case, the evidence [cited by Lonny Bowers] [wa]s not material, and [wa]s, for the most part, cumulative, so presenting it would not produce a different result at trial.” Id. Accordingly, the district court held that Lonny Bowers had not met his burden under either Rule 60(b)(2) or (b)(3). Id. at D20427-28. On July 28, 2009, the district court denied Lonny Bowers’ pro se emergency motion for evidentiary hearing. In doing so, the district court held that Bowers’ “assertion that he ha[d] discovered ‘new evidence,’ and his accusation that ClearOne and its expert witness perpetrated fraud on the court and jury relating to the Texas Instruments FFT evidence [i.e., public source information provided by Texas Instruments], [we]re, at best, completely unfounded under the law and the facts.” Id. at D20587. In challenging the district court’s rulings on appeal, the WideBand defendants take issue with the district court’s conclusion that all of the relevant information was available to them and their counsel prior to trial. To begin with, the WideBand defendants complain that their “previous counselors” were allowed by the district court to withdraw, leaving them “scrambling to obtain new counsel only three months pri- or to trial.” Aplt. Br. at 39. Consequently, they argue, because “this was a complex case given all of the technical terms, tests, and analyses involved,” the attorneys who they retained to represent them at trial, “who were by no means experts in the acoustic echo cancellation/noise reduction industry!,] were ill-equipped, through no fault of their own, to review and make determinations on the origin and nature of the ‘Honeybee Code.’ ” Id. at 37. We need not address these arguments, however, because they were not included in Lonny Bowers’ pro se Rule 60(b) motions and were thus never addressed by the district court. See Turner v. Pub. Serv. Co., 563 F.3d 1136, 1143 (10th Cir.2009) (“Absent extraordinary circumstances, we will not consider arguments raised for the first time on appeal.”). The WideBand defendants next argue that they “could not even determine what ClearOne’s ‘trade secret’ was until halfway through trial, because ... Chiang, [Lonny] Bowers, WideBand Solutions, and Versatile DSP never had possession of the contested software’s readable source code ----” Aplt. Br. at 37 (emphasis in original). In other words, the WideBand defendants argue, they personally “learned of the very information upon which Clear-One’s case in chief was based only days before the verdict was reached, at a time where they would have had no fair or reasonable opportunity to conduct discovery or otherwise prepare and gather evidence and testimony in response to the information in question.” Id. at 38-39. “It was thus a miscarriage of justice,” they contend, for the district court “to deny [them] the opportunity to bring new, compelling evidence before [the court] once they were able to definitively see, for the first time since the case began, what ClearOne’s claims were based upon, and that its trade secret claims were without merit.” Id. We reject this argument. As the district court noted in denying Lonny Bowers’ Rule 60(b) motions, it is undisputed that all of the relevant information, including the Honeybee source code, was made available to the WideBand defendants’ counsel and their expert witness, Richard Koralek, well prior to trial. Indeed, defense counsel hired Koralek specifically to examine and compare the codes at issue, and Koralek testified at trial that, in his opinion, all portions of the Honeybee Code were