We represented World Class Technology (WCT), a manufacturer of orthodontic brackets, in litigation against one of its largest competitors, Ormco. In one action, Ormco claims that WCT’s new product infringes one of its patents. In a second action, Ormco claims that WCT developed and marketed the new product with the assistance of orthodontists who formerly worked for Ormco, resulting in the disclosure and use of trade secrets or other protected proprietary information, and the breach of non-compete and non-disclosure agreements. WCT sought declarations that (a) its product does not infringe Ormco’s patents, and (b) it did not wrongfully interfere with Ormco’s non-compete and non-disclosure agreements, and did not use its trade secrets or proprietary information. After the court denied Ormco’s preliminary injunction motion in the patent matter and adopted our claims construction, Ormco stipulated to a final judgment and appealed. We briefed and recently argued the appeal before the Federal Circuit, and a decision is expected shortly.
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