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RUSSO v. BALLARD MEDICAL PRODUCTS

Nos. 07-4090, 07-4102.

550 F.3d 1004 (2008)

Ronald D. RUSSO, Plaintiff-Appellee/Cross-Appellant, v. BALLARD MEDICAL PRODUCTS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 18, 2008.

Attorney(s) appearing for the Case

Constantine L. Trela, Jr., Sidley Austin LLP, Chicago, IL (Michael B. Apfeld, Godrey & Kahn, S.C., Milwaukee, WI, and Marcy G. Glenn, Holland & Hart, LLP, Denver, CO, with him on the briefs), for Defendant-Appellant/Cross-Appellee.

Richard D. Burbidge (Jefferson W. Gross and Robert J. Shelby with him on the briefs) Burbidge Mitchell & Gross, Salt Lake City, UT, for Plaintiff-Appellee/Cross-Appellant.

Before McCONNELL, SEYMOUR, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Medical device inventor Ronald Russo brought this lawsuit against Ballard Medical Products contending that the company misappropriated his trade secret and breached the parties' confidentiality agreement by incorporating certain of his innovations into one of its popular medical devices without his consent. After a seven-day trial, a jury found for Mr. Russo and awarded him $20 million in damages. On appeal, Ballard argues primarily that Mr...

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