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United States Tenth Circuit


Russo v. Ballard Med. Prods., 07-4090, 07-4102

In a suit brought by a medical device inventor against defendant-company claiming that the company misappropriated his trade secret and breached the parties' confidentiality agreement by incorporating certain of his innovations into one of its popular medical devices without his consent, a judgment and jury award for plaintiff is affirmed over claims: 1) by defendant primarily arguing that plaintiff's state law claims were preempted by federal patent law; and 2) by plaintiff arguing that the district court erred in declining to add post-verdict, pre-judgment interest to his award.

Appellate Information

  • Decided 12/18/2008
  • Published 12/19/2008

Judges

  • GORSUCH, Circuit Judge., Before McCONNELL, SEYMOUR, and GORSUCH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Constantine L. Trela, Jr., Sidley Austin LLP, Chicago, IL (Michael B. Apfeld, Godrey & Kahn, S.C., Milwaukee, WI, and Marcy G. Glenn, Holland & Hart, LLP, Denver, CO, with him on the briefs), for Defendant-Appellant/Cross-Appellee., Richard D. Burbidge (Jefferson W. Gross and Robert J. Shelby with him on the briefs) Burbidge Mitchell & Gross, Salt Lake City, UT, for Plaintiff-Appellee/Cross-Appellant.
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