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ARTICLE · 06 DECEMBER 2011

Patentee Cannot Assert That An Allegedly Infringed Claim Element Is A Trade Secret

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Atlantic Research Marketing Systems, Inc. v. Troy, Nos. 11-1002, -1003 (Fed. Cir. Oct. 6, 2011), the Federal Circuit affirmed the district court’s grant of SJ of invalidity of certain patent claims on written description grounds, and the district court’s denial of defendants Stephen P. Troy, Jr. and Troy Industries, Inc.’s (collectively "Troy") motion for JMOL.

United StatesIntellectual Property
Abhay Watwe
Abhay Watwe
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This article previously appeared in Last Month at the Federal Circuit November, 2011.

Judges: Prost (author), Mayer, O'Malley

[Appealed from D. Mass., Judge Saris]

In Atlantic Research Marketing Systems, Inc. v. Troy, Nos. 11-1002, -1003 (Fed. Cir. Oct. 6, 2011), the Federal Circuit affirmed the district court's grant of SJ of invalidity of certain patent claims on written description grounds, and the district court's denial of defendants Stephen P. Troy, Jr. and Troy Industries, Inc.'s (collectively "Troy") motion for JMOL. The Court also vacated the jury's verdict in favor of Atlantic Research Marketing Systems, Inc. ("Atlantic Research") and reversed the district court's denial of Troy's motion for a mistrial on the ground that the district court did not properly address a jury taint issue.

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