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Inventorship claims out of the rough; misappropriation claims suffer bogey

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2010

The U.S. Court of Appeals for the Federal Circuit, relying on the doctrine of res judicata, affirmed the U.S. District Court for the Northern District of Texas’ dismissal of plaintiff’s misappropriation claims but reversed the district court’s dismissal of inventorship claims, finding lack of privity between the plaintiffs in the present suit and the plaintiff in the former suit

Four factor test when use of information is business tort

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2009

In a case of first impression, a panel of the U.S. Court of Appeals for the Third Circuit articulated a standard under which the use of information that is not protectable as a trade secret may still form the basis of a tort action under New Jersey law

Trade secret plaintiff loses customers to defendant but is not entitled to damages

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2009

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a district court’s grant of summary judgment in favor of a trade secret plaintiff on the issue of liability, while also upholding a jury verdict denying the plaintiff damages for lack of proximate cause