When legal distinctions collide — Court explains “tension” between patents and trade secrets

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Abstract: A recent case heard by the U.S. Court of Appeals for the Federal Circuit involved a dispute that illustrated the “tension” between patents and trade secrets. This article discusses the claims made by both parties after the plaintiff alleged that the defendant — a terminated employee who’d set up his own company — had infringed its reissue patent and misappropriated trade secrets. A sidebar notes that — aside from its ruling — the court chastised the plaintiff for reversing a position it had taken during an earlier hearing. Citation: Atlantic Research Marketing Systems, Inc. v. Troy, Nos. 2011-1002, 2011-1003, May 16, 2011 (Fed. Cir.)