Articles Posted in US Court of Appeals for the Seventh Circuit

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Until recently, Sexing Tech held a monopoly on the market for sexed cattle semen in the United States. Sperm‐sorting technology separates bull semen into X‐chromosome bearing and Y‐chromosome bearing sperm cells; the resulting “sexed semen” is used to inseminate cows artificially so that dairy farmers can breed only milk‐producing cows. ABS, a bull‐stud operation, sued, alleging that Sexing Tech had unlawfully monopolized the domestic sexed‐semen market in violation of section 2 of the Sherman Act by using its market power to impose coercive contract terms. ABS sought a declaratory judgment proclaiming those contracts invalid, to permit its own entry into that market. Sexing Tech counterclaimed that ABS infringed its patents and breached the contract by misappropriating trade secrets in developing ABS’s competing technology. Three claims went to trial: ABS’s antitrust claim and Sexing Tech’s patent infringement and breach of contract counterclaims. The Seventh Circuit affirmed the district court, holding that ABS violated a confidentiality agreement it had with Sexing Tech and that Sexing Tech’s patent was not invalid on obviousness grounds. The jury’s assessments of two of the three patent claims still at issue cannot be reconciled under the rules governing dependent claims and enablement, and so a new trial is necessary on them. View "ABS Global, Inc. v. Inguran, LLC" on Justia Law

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Bolson develops products and processes for use in 3D printing. Soarus is a distributor of specialty polymers, including G-Polymer. In 2009, Bolson and Soarus began discussing Bolson’s acquisition and use of GPolymer in connection with developing a new 3D printing process. Soarus sought to protect its rights in G-Polymer while also allowing for its potential entry into the lucrative 3D printing market. The parties executed a nondisclosure agreement (NDA). Soarus then provided Bolson with confidential information regarding G-Polymer and samples. Shortly after executing the NDA, Bolson filed a provisional patent for the 3D printing process it developed using G-Polymer; the 171 Patent issued in 2013. Soarus claimed that Bolson’s patent application revealed confidential information about G-Polymer, in violation of the NDA. The district court granted Bolson summary judgment, concluding that the plain meaning of the NDA, while conferring generally broad confidentiality protection on Bolson’s use of information about G-Polymer, authorized Bolson to use such confidential information in pursuing a patent in the specific area of the fused deposition method of 3D printing. The Seventh Circuit affirmed. The NDA clearly authorise Bolson to freely patent and protect new applications of GPolymer in the specified 3D printing process, not confined by the NDA’s confidentiality restrictions. View "Soarus L.L.C. v. Bolson Materials International Corp." on Justia Law