July 12, 2013

Federal Circuit Decisions for Week Ending July 5, 2013

Convolve, Inc. v. Compaq Computer Corp., No. 2012-1074, (July 1, 2013) (nonprecedential) (3-0)

Key point:

  • When a non disclosure agreement requires information considered confidential to be reduced to writing and submitted to the other party, failure to do so might prevent the disclosing party from enforcing trade secret rights against the receiving party.

Fresenius USA, Inc. v. Baxter Int’l, Inc., No. 2012-1334, -1335 (July 2, 2013) (precedential) (2-1) Patent No. 5,247,434

Key point:

  • PTO cancellation of claims after a mandate issues from the Federal Circuit means that the patentee no longer has a cause of action in an infringement suit pending on appeal.

Related Team:

W. Bruce Patterson

Partner, Practice Head