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Affirmance of District Court Denying Covidien's Post-Trial Motion for Declaratory Judgment

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...
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First Circ: Asking Former Employee to Assign Patent Rights to Company

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...
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1st Circuit Denies Covidien Post-Trial Request to Assign Invention Rights of Employee

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...
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