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North Branch Products, Inc. v. Fisher

131 U.S.P.Q. 135 (1961)

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North Branch Products, Inc. v. Fisher

United States Court of Appeals for the District of Columbia
131 U.S.P.Q. 135 (1961)

Facts

W. Reuen Fisher (defendant) orchestrated the acquisition of North Branch Products, Inc. (North Branch) (plaintiff) and became the company’s principal shareholder. At various points, Fisher served as director, officer, and general manager, with sole authority over experimentation, research, manufacture, and sales. Under Fisher’s leadership, North Branch sold drill-guide bushings but had no success. Fisher then began using North Branch’s machinery, facilities, materials, employees, and company funds to develop bushings of greater commercial value. Fisher applied for multiple patents on these bushings, but he kept the patent applications a secret from everyone else involved in the company, including the other officers and directors. This resulted in five patents being issued to Fisher. North Branch later brought suit against Fisher. [Editor’s Note: This suit was filed with the United States District Court for the District of Columbia. The court’s name incorrectly appears as the United States Court of Appeals for the District of Columbia in Francis, et al., Cases and Materials on Patent Law Including Trade Secrets (2017).]

Rule of Law

Issue

Holding and Reasoning (McGarragy, J.)

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