Patent marking: an extrajudicial admission that the product is covered by the patent but not an estoppel *

USA - April 30 2013
Addressing for the first time whether marking a product with a patent number creates an estoppel preventing a later assertion that the product is not…

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Exclusive license not required for standing to claim misappropriation of a trade secret involving subway car brakes *

USA - February 28 2013
Addressing the issue of standing of a non-exclusive licensee to bring a trade secret misappropriation claim, the U.S. Court of Appeals for the Second…

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Pleading unjust enrichment does not support a claim for the underlying trade secret misappropriation *

USA - December 27 2012
Affirming dismissal of an unjust enrichment claim, the U.S. Court of Appeals for the Second Circuit upheld a summary judgment for the defendant concluding…

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Judicial estoppel bars flip-flop within the same case as to ownership of patents *

USA - July 31 2012
Relying on the doctrine of judicial estoppel in determining the real party in interest, the U.S. Court of Appeals for the Second Circuit found that Intellivision’s founders improperly attempted to insert themselves into the litigation at the eleventh hour.

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Public agency need not engage in a “trade” to protect information as a trade secret *

USA - March 30 2012
Addressing for the first time the issue of whether a public agency can create and maintain trade secrets that are exempt from disclosure under the Freedom of Information Act (FOIA), the Supreme Court of Connecticut affirmed the trial court’s holding that no requirement exists under FOIA that the entity creating and maintaining the information must be engaged in a ‘‘trade” to benefit from trade secret protection. 

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