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Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc.

Fed Cir Removes Paragraph Portion in Trade Secret Misappropriation Opinion

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., __ F.3d __, (Fed. Cir. July 9, 2018) (Dyk, Bryson, TARANTO) (E.D. Tex.: Schell) (1 of 5 stars)

Fed Cir grants petition for rehearing and reissues opinion, modifying the opinion released last May (888 F.3d 1322). The principal change relates to the evidence relied on by TAOS in its appeal. The May version of the opinion criticized TAOS for relying in its appeal on evidence “not before the district court on summary judgment, [which] is not a proper ground for disturbing the summary judgment ruling.” 888 F.3d at 1348. That criticism is not present in the revised opinion. The remainder of the revised opinion is substantially the same as the May opinion.

Fish’s summary of the May opinion is here, and no revisions are needed to summarize the reissued opinion.

KEYWORDS: TRADE SECRET; DISGORGEMENT; SEVENTH AMENDMENT; INFRINGEMENT (YES); METHOD CLAIMS; EXTRATERRITORIALITY; PERMANENT INJUNCTION; ENHANCED DAMAGES; DUPLICATIVE DAMAGES