Summary: CAFC affirms dismissal of state law misappropriation of trade secrets claims on the pleadings.

Case: Foster v. Pitney Bowes Corp., No. 2013-1374, -1444 (Fed. Cir. Dec. 11, 2013) (non-precedential). On appeal from E.D. Pa. Before Rader, Clevenger, and Reyna (per curiam).

Procedural Posture: Appeal by a pro se appellant of, inter alia, dismissal of state law misappropriation of trade secrets claims on the pleadings. CAFC affirmed.

  • Trade Secrets: Applying Pennsylvania law, the Federal Circuit affirmed the district court’s finding that the plaintiff could not make a prima facie showing of a trade secret claim because Pennsylvania law defines a trade secret as a secret for which “reasonable efforts to maintain secrecy” have been made. As the plaintiff’s claim was based on information contained in a published patent application, the Federal Circuit agreed with the district court that the information was not subject to reasonable efforts to maintain confidentiality.