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Trade Secret Litigation

The Federal Circuit in Texas Instruments analyzed congressional legislative history to determine that Congress did not intend a preclusive effect only for patent-based cases. Because the Sany case was not a patent-based case, the district court found that ITC determinations regarding trade secret mi...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2018-03, Vol.24 (2), p.22-24
Main Authors: Hogge, Mark, Maheshwari, Shailendra K, Jackson, Nicholas
Format: Article
Language:English
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Summary:The Federal Circuit in Texas Instruments analyzed congressional legislative history to determine that Congress did not intend a preclusive effect only for patent-based cases. Because the Sany case was not a patent-based case, the district court found that ITC determinations regarding trade secret misappropriation could be entitled to preclusive effect. [...]the same underlying standards apply to both Wisconsin trade secret law and federal trade secret law. [...]the court concluded that each factor was met in precluding Sany from relitigating the allegations of trade secret misappropriation in district court and granted partial summary judgment for Manitowoc. [...]Sany could not have raised these counterclaims in the ITC as they would have been subjected to mandatory removal under 19 U.S.C. 1337(c).
ISSN:1086-914X