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Medical Device Trade Secret Not Publicly Disclosed via Patenting, Displaying, and Selling Covered Product, 7th Cir. Affirms

JD Supra Law

Can certain specific medical device details remain company know-how or protected trade secrets even if patents are pursued on the medical device? Consider the Seventh Circuit’s commentary in its August 9, 2021 decision upholding a preliminary injunction in the Life Spine, Inc. Aegis Spine, Inc.

Patent 94
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Patent and Trade Secret: Never Ending Conundrum

IP and Legal Filings

The confidential information which is generally not protectable tends to get protection as a trade secret which is specially drafted through a contract in companies. In the latest case of Life Spine Inc vs. Aegis Spine Inc., One may not disclose any information while claiming trade secrets.

Patent 72
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Seventh Circuit Affirms Trade Secret Protection of Patented Spinal Implant Device

LexBlog IP

The Seventh Circuit Court of Appeals recently upheld a preliminary injunction prohibiting a former distributor and its parent company from selling a spine implant device that incorporated trade secret information. Plaintiff Life Spine, Inc. had created a device to correct spinal spacing issues during surgery.

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Recent Hot Topics and Developments in Trade Secrets Law

Trading Secrets

In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA. Similarly, in Five Star Gourmet Foods, Inc. Fresh Express, Inc. at *8; see also Payward, Inc. Contractors Inc.

Law 59
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Trade Secret vs. Patent – a False Dichotomy

LexBlog IP

One may use both, as made clear in the recent Seventh-Circuit case Life Spine , Inc. Aegis Spine, Inc. , — F.4th Aegis Spine argued that a company cannot have trade secret protection in a device that it publicly discloses through patents, displays, and sales. 4th —- (Aug.

Patent 52