이 에피소드에 관해
The Federal Circuit hears Applied Predictive Technologies versus MarketDial, a dispute over legal fees between rival business-analytics companies. APT licenses Test and Learn, software for testing business initiatives. A former McKinsey consultant had obtained its confidential materials. APT sued MarketDial in twenty eighteen, alleging misuse of trade secrets. After years of discovery, the Utah district court ruled that APT had not adequately identified a legally protected trade secret. A prior appeal upheld that result. This argument concerns a separate order requiring APT to pay the defendants' legal fees. The judge found that APT had pursued the claims in bad faith to harm a competitor. APT disputes that finding. The federal Defend Trade Secrets Act and Utah's Uniform Trade Secrets Act permit fees for bad-faith claims. Under the test used here, an objectively specious claim looks plausible but lacks supporting evidence; subjective misconduct concerns an improper litigation motive. Losing alone is not enough. Counsel for APT will argue that continuing to investigate confidential files was reasonable, not bad faith.
Applied Predictive Technologies v. MarketDial (No. 25-1713) — U.S. Court of Appeals for the Federal Circuit, argued October 8, 2026.
Sources:
Argument audio — Federal Circuit court original; all advocacy is complete; the official file truncates only the judge's final administrative closing-word tail:
https://www.cafc.uscourts.gov/oral-arguments/25-1713_10082026.mp3
Argument date and recording — Federal Circuit official table:
https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
Appealed attorneys' fee order — District of Utah, March 25, 2025; public court-document copy:
https://cases.justia.com/federal/district-courts/utah/utdce/2%3A2019cv00496/115695/708/0.pdf
Underlying case background — District of Utah amended summary-judgment order, August 12, 2024:
https://www.govinfo.gov/content/pkg/USCOURTS-utd-2_19-cv-00496/pdf/USCOURTS-utd-2_19-cv-00496-8.pdf
Prior merits appeal, not this fee appeal — Federal Circuit No. 24-1751, January 28, 2026:
https://www.govinfo.gov/content/pkg/USCOURTS-ca13-24-01751/pdf/USCOURTS-ca13-24-01751-0.pdf
Federal fee provision — 18 U.S.C. § 1836(b)(3)(D), official 2024 U.S. Code:
https://www.govinfo.gov/content/pkg/USCODE-2024-title18/pdf/USCODE-2024-title18-partI-chap90-sec1836.pdf
Utah fee provision — Utah Code § 13-24-5, public 2025 statute copy:
https://law.justia.com/codes/utah/title-13/chapter-24/section-5/
Test and Learn — Mastercard product description:
https://www.mastercard.com/global/en/business/insights-intelligence/advanced-analytics/solutions/test-learn.html
MarketDial — company product background:
https://marketdial.com/about-us/
Keith Call — Spencer Fane biography:
https://www.spencerfane.com/professionals/keith-call/
Third-party beneficiary — Cornell Legal Information Institute:
https://www.law.cornell.edu/wex/third-party_beneficiary
Applied Predictive Technologies v. MarketDial (No. 25-1713) — U.S. Court of Appeals for the Federal Circuit, argued October 8, 2026.
Sources:
Argument audio — Federal Circuit court original; all advocacy is complete; the official file truncates only the judge's final administrative closing-word tail:
https://www.cafc.uscourts.gov/oral-arguments/25-1713_10082026.mp3
Argument date and recording — Federal Circuit official table:
https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
Appealed attorneys' fee order — District of Utah, March 25, 2025; public court-document copy:
https://cases.justia.com/federal/district-courts/utah/utdce/2%3A2019cv00496/115695/708/0.pdf
Underlying case background — District of Utah amended summary-judgment order, August 12, 2024:
https://www.govinfo.gov/content/pkg/USCOURTS-utd-2_19-cv-00496/pdf/USCOURTS-utd-2_19-cv-00496-8.pdf
Prior merits appeal, not this fee appeal — Federal Circuit No. 24-1751, January 28, 2026:
https://www.govinfo.gov/content/pkg/USCOURTS-ca13-24-01751/pdf/USCOURTS-ca13-24-01751-0.pdf
Federal fee provision — 18 U.S.C. § 1836(b)(3)(D), official 2024 U.S. Code:
https://www.govinfo.gov/content/pkg/USCODE-2024-title18/pdf/USCODE-2024-title18-partI-chap90-sec1836.pdf
Utah fee provision — Utah Code § 13-24-5, public 2025 statute copy:
https://law.justia.com/codes/utah/title-13/chapter-24/section-5/
Test and Learn — Mastercard product description:
https://www.mastercard.com/global/en/business/insights-intelligence/advanced-analytics/solutions/test-learn.html
MarketDial — company product background:
https://marketdial.com/about-us/
Keith Call — Spencer Fane biography:
https://www.spencerfane.com/professionals/keith-call/
Third-party beneficiary — Cornell Legal Information Institute:
https://www.law.cornell.edu/wex/third-party_beneficiary
영어
미국
전사 🔗
Are you the producer of this podcast?
Add a podcast transcript
Need Audio-to-Text?
Transcribe with Listen411 in Just 60 Seconds
이 팟캐스트의 다른 에피소드
The Second Circuit hears two related appeals between the Central Orthopedic Group and Aetna. The medical practice says it provided care outside Aetna's network to patients covered by Aetna plans, but was not properly reimbursed. To sue for plan benefits under the federal law known as ERISA, the pra…
The D.C. Circuit hears Sierra Club versus the Environmental Protection Agency. The dispute concerns federal air-pollution standards for facilities that burn solid waste. These rules cover very small municipal garbage burners and institutional waste incinerators. The underlying standards date to 200…
The Seventh Circuit hears Norfolk Southern versus Soo Line, which operates as Canadian Pacific. This case concerns a rail connection used to move freight between Detroit and Chicago. In 2005, Norfolk Southern gave Canadian Pacific long-term rights to run trains over part of its network. A separate …
The Second Circuit considers how much two defendants must pay back in a Securities and Exchange Commission enforcement case. The underlying venture raised money for companies promoting crude-oil processing technology. Investors were offered revenue-sharing agreements, shares and convertible loans. …
The D.C. Circuit hears United States versus Daniel Kingery. Kingery was living in an encampment in Washington's McPherson Square when authorities cleared the park in 2023. He opposed the clearance and said he would not leave voluntarily; that dispute eventually led to federal park-regulation charge…
면책 조항: 이 페이지에 포함된 팟캐스트와 작품은 Oral Arguments, with Context에서 가져온 것입니다. 이 팟캐스트는 소유자의 재산이며 Listen Notes, Inc.와 제휴하거나 보증하지 않습니다.