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April 30, 2021
Advertisement Special Verdicts and Instructions Result in Affirmance of District Court Denying Covidien’s Post-Trial Motion for Declaratory Judgment Friday, April 30, 2021 In Covidien LP v. Brady Esch, 2021 U.S. App. LEXIS 10155 (Ct. App. First Circuit, April 8, 2021), the Court of Appeals for the First Circuit (Judges Howard, Thompson, and Gelpí) affirmed the district court’s denial of Covidien’s post-trial declaratory judgment request that Esch assign any “Inventions” d...
April 22, 2021
Thursday, April 22, 2021 Applying a “middle ground” standard of review, the US Court of Appeals for the First Circuit affirmed a district court’s decision denying a company’s request for a declaratory judgment asking a former employee to assign patent rights to the company under the employment and separation agreements, because there were inconsistencies in the jury verdict. Covidien LP; Covidien Holding Inc. v. Brady Esch, Case No. 20-1515 (1st Cir. Apr. 8, 2021) (Gelpi, CD...
April 9, 2021
1st Circuit Denies Covidien Post-Trial Request to Assign Invention Rights of Employee 4 hours ago The First Circuit ruled Thursday that a district court did not abuse its discretion in denying health care products company Covidien LP the rights to inventions by a former employee who breached proprietary information. A jury found that former Covidien employee Brady Esch breached confidential information after he incorporated a new company, which would develop products to treat varicose veins, a...
February 4, 2021
Covidien LP urged a First Circuit panel on Wednesday to order a former employee to sign over his stake in patents related to work he did prior to departing the medical device company, arguing a lower court judge wrongly interpreted a jury's verdict in the case.