Wednesday, May 15, 2013

Fifth Circuit -- Wellogix, Inc. v. BP America, Inc.

Violation of trade secret finding upheld.  Court hints that after PF case is established for the existence of the secret, burden is on the deft to prove that prior public patents were sufficient prior disclosure.

Expert was sufficiently qualified as general computer expert to testify to existence of the trade secret -- no experience needed in the specific industry.

Documents properly allowed, despite possibility that they led to improper basis for verdict.

No Due Process violation in lack of remitteur for punitive damages, as they were under the compensatory damages.

Wellogix, Inc. v. BP America, Inc.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.