The Third Circuit partially reversed a lower court ruling granting the defendant, Esschem Inc. (“Esschem”), partial summary judgment in a lawsuit claiming that it used plaintiff’s, Heraeus Medical GMBH’s (“Heraeus”), trade secrets to help another company compete with plaintiff’s bone cement product. Haraeus claims that its competitor used its proprietary bone cement formula and then shared it with Esschem to manufacture. The lower court held that Haraeus’s trade secret misappropriations claims under the Pennsylvania Uniform Trade Secret Act were time-barred because the original misappropriation occurred more than three years prior to Haraeus filing its complaint (the PUTSA has a three year statute of limitations). But the Third Circuit partially reversed the district court, holding that under the separate accrual rule, Haraeus can sue Esschem for any purported misappropriation that happened within three years of filing the lawsuit. The Third Circuit agreed with the district court that any alleged misappropriations that occurred more than three years prior to the filing of the lawsuit would be time barred under the statute of limitations. You can read more about the case here, and you can read the entire Third Circuit’s opinion here.