IP Fight Turns Into Constitutional Tussle

A local Connecticut inventor is looking to a 190-year-old English court decision to help him win the right to a jury trial in a trade secrets case against GM.  John Evans, CEO of Evans Cooling Systems, Inc., asserts that General Motors stole his sleek design for a engine-cooling system for high-performance cars.  After 11 years of battling in federal and state courts, Evans and GM argued before the Connecticut Supreme Court to determine whether Evans is constitutionally entitled to a jury trial for a trade secrets case based on the state's 1818 Constitution.

Jonathan Putnam, the Kirkland & Ellis attorney for General Motors, argued that Evans had waived that right and giving him a jury trial would be an unfair "second bite at the apple."

This article appeared in its entirety in the October 31, 2005 edition of The Connecticut Law Tribune.