A misappropriation of trade secrets case against Patterson Belknap Webb & Tyler and a former associate has survived a motion to dismiss after the judge found the plaintiff stated a “plausible factual basis” to show the defendants “obtained the trade secrets by improper means.”

Dr. Enrico Nicolo, an inventor who created, among other things, surgical staplers, alleged that Patterson Belknap associate Kevin Malek had set up a meeting with him in Pittsburgh to discuss other companies’ possible infringement of Nicolo’s patents and Patterson Belknap’s possible representation of Nicolo in enforcing his patents, according to the opinion by U.S. District Judge David S. Cercone of the Western District of Pennsylvania.