On February 27, 2017, a federal jury in Easton Pennsylvania
returned the first verdict in the country under the
Defend Trade Secrets Act ("DTSA"). The case, Dalmatia
Import Group, Inc. v. Foodmatch, Inc., et al. dealt with Plaintiff
Maia Magee's secret recipe for the popular Dalmatia fig jam.
According to the evidence presented, at some point in the past
Dalmatia decided to replace its distributor, FoodMatch Inc., and
supplier, Lancaster Fine Foods Inc. Soon thereafter, however,
Foodmatch and Lancaster went into the fig-jam-making business for
themselves and took with them Dalamtia's secret recipe.
According to reports, the jury found that Foodmatch and Lancaster
willfully misappropriated Dalmatia's trade secrets, as well as
committed trademark infringement and counterfeiting, and awarded
treble damages that will bring the judgment to $5.2 million.
The bottom line from the Dalamatia case is that the DTSA may
prove to be a potent tool in your business's arsenal to protect
trade secrets and confidential business information, including
recipes and proprietary product formulations. To read more about
the DTSA and why businesses should revise their contracts to get
the full benefits of the DTSA, read our previous advisory
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In Wasica Finance GmbH v. Continental Automotive Systems, Inc., No. 15-2078 (Fed. Cir. 2017), the patentee Wasica Finance discovered, among other things, the importance of using consistent terminology in the patent specification and claims.
While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On April 6, 2017, the Federal Circuit reversed-in-part and affirmed-in-part the district court's judgment of infringement and summary judgment for non-infringement of The Medicines Company's ("MedCo") patents-in-suit.
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