Gillig v. Nike, Inc., No. 09-1415, involved a suit against Nike, Inc. alleging inventorship claims of various patents relating to golf clubs owned by Nike and that Nike had misappropriated trade sefrets involving golf club technology.
Although the court affirmed the district court's holding that the trade secret claims are barred by statute of limitations, the district court's dismissal of Gillig's inventorship claims are reversed as res judicata in general does not bar the claims, as a dismissal on the ground that the plaintiff is not a real party in interest should not preclude a later action by the real party in interest. Furthermore, the "control of litigation" exception to establish privity between Triple Tee and Gillig does not apply here. Lastly, to the extent that Triple Tee is asserting an inventorship correction claim based on a later 2005 asssignment from Gillig, there is no bar.
- Full text of Gillig v. Nike, Inc