S&C Partners Alex Gross and Annie Ostrager and associate Dan Richardson authored an article for Bloomberg Law on the significance of a recent decision that may allow trade secret defendants to litigate intellectual property disputes in the Federal Circuit rather than regional circuit courts, which could benefit defendants in trade secret cases with potential for high damages awards.
The authors note that the Federal Circuit’s recent decision in Insulet Corp. v. EOFlow Co. could provide litigants with new jurisdictional arguments benefiting trade secret defendants. “Although Insulet has largely garnered attention for its statute of limitations holding, a less noticed—but potentially significant—aspect of the decision is its discussion of appellate jurisdiction, which provides trade secret defendants with a roadmap to have their appeals heard by the Federal Circuit, rather than a regional circuit court,” they write. “Whether the reasoning … extends to compulsory patent counterclaims remains an open question, but it’s one that future litigants—especially defendants facing a recent trend of increasingly large damages awards in trade secret cases—are likely to explore.”
Read the article on Bloomberg Law: “Trade Secret Defendants Get More Hope for Federal Circuit Review”