Animal Carcasses + Ex Employee=Infringement and Theft of Trade Secrets

Posted on | March 20, 2008 | No Comments

2008-1228 Ecolab, Inc. v. FMC Corp.
D/MN 05-cv-831

Plaintiff Ecolab appeals from Judge James Rosenbaum’s denial of several post-trial motions following a split jury verdict.  Ecolab sued FMC on several patents related to the treatment of animal carcasses and meat.  The jury found that FMC infringed several valid claims, did not infringe several claims, and that several of the claims were invalid.  The jury found the infringement willful.  The jury also found that FMC had misappropriated some of Ecolab’s trade secrets (obtained through a former Ecolab employee).  The jury awarded approximately $575,000 on all claims.

The court summarily denied all of the post trial motions filed by the parties, including Ecolab’s motion for permanent injunction, an accounting, pre and postjudgment interest, JMOL, enhanced damages, to alter the judgment, and attorneys fees.

Update: on 3/20/2008 the CAFC docketed FMC’s appeal, 2008-1252.

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