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Olson v. Nieman's Ltd.5/28/1998
,000 as the jury originally found, and that is exactly the judgment the district court ultimately awarded him.
A. The common-law tort of misappropriation of intellectual property. The district court sustained Nieman's motion for judgment notwithstanding the verdict regarding the common-law tort of misappropriation of intellectual property. The court thought this theory was not recognized as a viable cause of action in Iowa.
Olson wants us to recognize it. We need not decide the question because the jury did not apportion any of the damages to this theory. The issue is therefore moot.
I. Disposition.
In summary, we conclude the district court did not abuse its discretion when it (1) refused to extend the expert disclosure deadline, (2) admitted expert testimony regarding patentability of Olson's idea, and (3) admitted expert testimony regarding damages. We also conclude there was substantial evidence to support the jury's finding that Nieman misappropriated Olson's trade secret. We conclude, therefore, the district court did not err when it denied Nieman's motions for directed verdict and judgment notwithstanding the verdict. We affirm on the appeal.
We also conclude the district court did not abuse its discretion when it refused to award Olson exemplary damages and attorney fees. If there was any error in submitting the supplemental special interrogatory regarding allocation of damages, it was harmless. We do not decide whether the common-law tort of misappropriation of intellectual property is a viable cause of action in Iowa.
We affirm on the cross-appeal. We have considered all of the parties' contentions whether or not we have discussed them. Those we have not discussed either lack merit or were not properly preserved.
AFFIRMED ON THE APPEAL; AFFIRMED ON THE CROSS-APPEAL.
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