Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

This action arises in connection with a confidentiality agreement signed by the parties shortly after plaintiff’s Dr. Grenner visited defendant’s facilities to evaluate the parties’ potential interests in working together.  Dr. Grenner was given a presentation on defendant’s glucose monitoring technology.  Thereafter, defendant provided plaintiff with copies of two of defendant’s unpublished patent applications concerning that technology.  Then plaintiff informed defendant that it was no longer interested in entering into a business relationship.  Plaintiff filed this patent infringement action and defendant asserted counterclaims against it for breach of contract, misappropriation of trade secrets, unfair competition, and conversion, contending among other things.  The Court had previously entered final judgment on the patent infringement claims under Fed. R. Civ. P. 54 and trial proceeded on the non-patent counterclaims only.  The Court finds plaintiff’s Motion For Judgment As A Matter Of Law moot since the jury returned a verdict in its favor and denies defendant’s Motion for Judgment as a Matter of Law on defendant’s Breach of Contract and Unfair Competition Counterclaims and a Motion for a New Trial.  The Court finds that sufficient evidence was presented to support the jury's verdict.