The Third Circuit reversed the grant of the dismissal of a lawsuit by in-house counsel who sued because, he alleged, he was forced to choose between complying with an application filing quota or complying with his ethical obligations to the USPTO. The case, Trzaska v. L’Oreal USA, INc., (3rd Cir. July 25, 2017), is here.
The claim was based upon New Jersey’s whistle blower statute, the New Jersey Conscientious Employee Protection Act (“CEPA”), N.J. Stat. Ann. § 34:19-1 et seq. The complaint alleged that complying with the quota meant filing “frivolous” patent applications. In a two-one panel decision, the Third Circuit held the complaint stated a claim.