United States Federal Circuit

In plaintiffs' suit against Nike, Inc., alleging inventorship claims of various patents relating to golf clubs owned by Nike and that Nike had misappropriated trade secrets involving golf club technology, judgment of the district court is affirmed in part and reversed in part and remanded where: 1) district court's holding that the trade secret claims are barred by statute of limitations is affirmed; 2) district court's dismissal of Gillig's inventorship claims are reversed as res judicata in general does not bar the claims, as a dismissal on the ground that the plaintiff is not the real party in interest should not preclude a later action by the real party in interest, and the "control of litigation" exception to establish privity between Triple Tee and Gillig does not apply; and 3) to the extent that Triple Tee is asserting an inventorship correction claim based on a later 2005 assignment from Gillig, there is no bar.

Appellate Information

• Decided 04/20/2010
• Published 04/20/2010

Judges

Court

• United States Federal Circuit

Counsel