Keith
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Here's a question about the so-called infringement-invalidity symmetry: that which infringes, if later, anticipates, if earlier. An invention that is kept as a trade secret is not considered anticipatory because of the fact that it is kept secret. My understanding is that someone can thus later get a patent on the invention and turn around and sue the holder of the trade secret. In this case, the symmetry breaks down because the earlier invention kept as a trade secret infringes yet does not anticipate. Is my understanding correct? If so, are there other exceptions to the symmetry? Thanks in advance.
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