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HERAEUS MEDICAL GMBH v. ESSCHEM, INC.

No. 18-1368.

927 F.3d 727 (2019)

HERAEUS MEDICAL GMBH, Appellant v. ESSCHEM, INC.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 21, 2019.

Attorney(s) appearing for the Case

Bruce P. Merenstein , Samuel W. Silver , John R. Timmer , Schnader Harrison Segal & Lewis, 1600 Market Street, Suite 3600, Philadelphia, PA 19103, John Nilsson , Matthew M. Wolf [Argued], Arnold & Porter Kaye Scholer, 601 Massachusetts Avenue, N.W., Washington, DC 20001, R. Reeves Anderson , Arnold & Porter Kaye Scholer, 370 Seventeenth St., Suite 4400, Denver, CO 80202, Counsel for Plaintiff-Appellant Heraeus Medical GmbH.

Benjamin P. Gilford , Greenberg Traurig, 333 Southeast 2nd Avenue, Suite 4400, Miami, FL 33131, Richard D. Harris [Argued], Cameron M. Nelson , Gregory E. Ostfeld , Greenberg Traurig, 77 West Wacker Drive, Suite 3100, Chicago, IL 60601, Mary F. Platt , Fineman Krekstein & Harris, Ten Penn Center, 1801 Market Street, Suite 1100, Philadelphia, PA 19103, Counsel for Defendant-Appellee Esschem, Inc.

Before: KRAUSE, COWEN, and FUENTES, Circuit Judges.

OPINION OF THE COURT

The case before us involves another skirmish in a long-running, cross-border court battle over the alleged theft of a trade secret: Heraeus Medical GmbH's recipe for its bone cement. In this appeal, we consider whether Heraeus' suit against Esschem, Inc.—a company that works as a chemical...

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