trade secret misappropriation : CAFC Alert

Summary Judgment improperly granted in trade secret misappropriation case

| September 7, 2012

Raytheon Company v. Indigo Systems Corp. and FLIR Systems, Inc.

August 1, 2012

Panel:  Linn, Dyk and O’Malley.  Opinion by Linn.


Raytheon sues Indigo for misappropriation of trade secrets in selling an infrared imaging camera to a general contractor on the F-35 Joint Strike Fighter program.  The district court grants Indigo’s motion for summary judgment that the statute of limitations (3 years) had lapsed.  Former employees of Raytheon started up Indigo to produce infrared imaging cameras. The district court impermissibly drew inferences against the non-moving party (Raytheon) in granting the summary judgment motion.  Further, the summary judgment motion should not have been granted because Texas and California law state that the discovery rule for the statute of limitations is a question of fact and not of law.

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