Heraeus Medical GmbH v. Esschem—civil—partial reversal—Krause

The Third Circuit today held that, under Pennsylvania law on statutes of limitations, each act in a continuing trade-secret misappropriation accrues separately, so that even if the misappropriations began outside the limitations period a party can sue for the ones that occurred within the period. The appeal arose from “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.”

Joining Krause were Cowen and Fuentes. Arguing counsel were 1990 World University Debate Champion Matthew Wolf of Arnold & Porter for the appellant and Richard Harris of Greenberg Traurig for the appellee.