Biamp Can't Appeal Trade Secrets Loss: 10th Circ.

Law360, New York (August 8, 2011, 8:02 PM EDT) -- The Tenth Circuit ruled Monday that defendants could not appeal the pretrial denial of a motion to dismiss for failure to state a claim once the plaintiff has prevailed at trial, rejecting Biamp Systems’ appeal in ClearOne Communications Inc.’s trade secrets suit over software code allegedly stolen by former employees.

The appeals court's decision pointed out that while the Tenth Circuit had not previously addressed whether a defendant could appeal the denial of a motion to dismiss for failure to state a claim after the plaintiff...
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