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Intellectual Property,
9th U.S. Circuit Court of Appeals

Sep. 22, 2025

9th Circuit weighs new trial over jury instruction errors in $40M trade secrets case

The judges expressed frustration that parties allowed faulty instructions in Comet Technologies' case against XP Power, raising doubts about whether the Northern District of California's jury award can stand.

9th Circuit weighs new trial over jury instruction errors in $40M trade secrets case
9th Circuit Judge Ryan D. Nelson

A 9th U.S. Circuit Court of Appeals panel considered Friday whether to grant a new trial in a federal trade secrets misappropriation trial that ended with a $40 million verdict against a semiconductor manufacturing company due to alleged jury instruction errors by a San Jose magistrate judge.

Two judges on the panel were dismayed by the errors, but it was not entirely clear whether the panel would order a new trial or affirm the jury verdict on the grounds that the errors were ha...

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