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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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Published in: | The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2018-03, Vol.24 (2), p.22-24 |
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Main Authors: | , , |
Format: | Article |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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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). |
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ISSN: | 1086-914X |