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ARTICLE · 02 FEBRUARY 2014

Proceed With Caution: Navigating The Intersection Between Trade Secret And Patent Law

McDermott Will & Emery
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In a case illustrating the impact of permitting a patent application to be published, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s order granting defendant’s motion for judgment on the pleadings regarding claims for trade secret misappropriation, misrepresentation, conversion and unjust enrichment, finding that any information used by defendant was part of the public domain as a result of plaintiff’s published, and abandoned, patent application.

United StatesIntellectual Property
Nathan Smith
Nathan Smith
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Foster v. Pitney Bowes Corp.

In a case illustrating the impact of permitting a patent application to be published, the U.S. Court of Appeals for the Federal Circuit affirmed a district court's order granting defendant's motion for judgment on the pleadings regarding claims for trade secret misappropriation, misrepresentation, conversion and unjust enrichment, finding that any information used by defendant was part of the public domain as a result of plaintiff's published, and abandoned, patent application.  Foster v. Pitney Bowes Corp., Case No. 13-1374, -1444 (Fed. Cir., Dec. 11, 2013) (per curiam) (nonprecedential).

Pro se appellant Frederick Foster filed a U.S. non-provisional patent application relating to a virtual mailbox system.  As set forth in 35 U.S.C. 122(b), the application was published 18 months after its earliest priority date because Mr. Foster did not file a non-publication request.

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