Same Problem, Same Solution: Reading Trade Secrets Across Fields

Federal Circuit reversed $17 million jury verdict against Texas urologists in International Medical Devices v. Cornell, finding four alleged Penuma penile implant trade secrets were not protectable under California law. Three secrets (silicone pockets, mesh tabs, absorbable sutures) were disclosed in prior patents; fourth (instrument list) lost secrecy through unrestricted third-party disclosure. Court vacated damages and injunction, affirmed $1 million trademark counterfeiting judgment. Also rejected Dr. Elist's co-inventorship claims on defendants' patents.