Defining ‘Trade Secret’ Troubles Federal Circuit at Argument

Three judges of the Federal Circuit wrestled at oral argument with whether a trial court properly prevented publication of a patent application that allegedly disclosed a Masimo Corp. trade secret on noninvasive blood-content detectors.

True Wearables Inc. asked the U.S. Court of Appeals for the Federal Circuit to overturn the preliminary injunction, arguing it was inappropriate because the alleged trade secret—a mathematical formula—had already been published. Delaying publication of its patent application caused True to lose an “irretrievable portion of its patent term,” it argued.

The U.S. District Court for the Central District of California improperly held that even though ...