[vc_row][vc_column][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]A good intersection of patents and trade secrets was found in Life Spine v. Aegis Spine. Many people view patents and trade secrets as mutually exclusive, but reality is much less clear.
Life Spine公司生产一种脊椎植入设备，Aegis公司同意成为他们的经销商。 Aegis还同意对植入物的细节保密，不对产品进行反向工程，而是与他们的母公司分享信息，帮助他们开发竞争设备。
Life Spine sued Aegis for trade secret misappropriation and breach of the distribution agreement, and was granted a preliminary injunction against Aegis. On appeal, Aegis argued that Life Spine publicly disclosed the implant through its patent application, and by displaying and selling the implant.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][us_image image=”338″][/vc_column_inner][/vc_row_inner][vc_column_text]The district court found that patents and trade secrets can co-exist. Life Spine’s patent did not disclose the final commercial dimensions of their product, and that Life Spine kept tight control over their device during and after sale. The distributors were even required to be present during the surgery. Life Spine took many measures to protect the precise dimensions of their product.
此外，Life Spine 花了三年时间开发自己的产品，而竞争对手只用了三个月就申请了 FDA 批准。
资料来源
https://law.justia.com/cases/federal/appellate-courts/ca7/21-1649/21-1649-2021-08-09.html[/vc_column_text][/vc_column][/vc_row]
