Patent applications were not covered by joint development agreement

Dow Chemical Canada, et al. v. HRD Corporation., C. A. 05-023-RGA, December 18, 2012.

Andrews, J.  Motion for summary judgment is granted.

Defendant’s counterclaims asserted a patent ownership and misappropriation of trade secrets stemming from the parties’ joint development agreement (JDA). Plaintiff moved for summary judgment to dismiss the claims.  The motion was granted.  Plaintiff’s patent applications were not covered by the JDA.  Thus, defendant did not have a claim to ownership.  Defendant failed to show the existence of a valid trade secret misappropriated by plaintiff.

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