Intellectual Property

Contracts and Tort Liability
City of Hope v. Genentech
No. S129463
California Supreme Court

The California Supreme Court has granted review to consider whether the assignment of rights to intellectual property makes the assignee a fiduciary of the assignor with consequent liability for punitive damages. In its brief, NCLC argues that turning businesses into fiduciaries for each other does not comport with modern understandings of contract law and imposing such a rule would impede technological development.

Amicus brief filed 1/27/06.

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Intellectual Property
Philip Morris Incorporated, et al. v. Reilly, et al.
No. 00-2425

United States Tobacco Company, et al. v. Reilly, et al.
No. 00-2449
U.S. Court of Appeals for the First Circuit

Agreeing with NCLC, the First Circuit granted en banc review of an appellate court decision.  NCLC had urged review on the grounds that the decision requires cigarette-makers to disclose the ingredients and formulas of their products, thereby posing a direct threat to trade secrets for any company whose economic success depends on research and development.

Amicus brief in support rehearing en banc filed 10/30/01. Request for en banc review granted
11/9/01. Rehearing en banc scheduled for 1/2/02.

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Florida's Sunshine in Litigation Act
Sandoz Pharmaceuticals Corporation v. Carnoto
No. 00-95-009076 09
District Court of Appeal, Fourth District of Florida

NCLC argued that Florida's Sunshine in Litigation Act violates the Florida and U.S. Constitutions by prohibiting Florida courts from entering orders to protect trade secrets and other sensitive and confidential information from disclosure during litigation if there is any possibility that the order might conceal a "public hazard."

Amicus brief in support of Petition for mandamus filed 2/14/01. Petition for mandamus granted 7/25/01.

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