Fed. Circ. Calls For New Damages Trial In Pet IP Row

By Adam Lidgett (July 14, 2021, 9:11 PM EDT) -- The Federal Circuit has ordered a new damages trial on an inventor's claim that a pet supply company misappropriated her idea for a skin medicine applicator for dogs and cats, finding that the damages available are limited.

A three-judge appellate panel on Wednesday undid an $11 million award on a misappropriation claim that plaintiff Marni Markell Hurwitz and her company, Nite Glow Industries Inc., had secured at the lower court.

Defendant Central Garden & Pet Co. had argued that Hurwitz could only be able to get damages on any so-called "head start" they got over rivals by using her "idea before...

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