3rd Circuit Revives Ex-L’Oréal Patent Lawyer’s Whistleblower Suit

A federal appeals court on Tuesday revived a patent attorney’s lawsuit against L’Oréal USA Inc, ruling that his claim that the cosmetics company fired him for refusing to file what he considered poor quality patent applications was covered by New Jersey’s whistleblower law.

A unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that Steven Trzaska’s accusation that L’Oréal ordered him to disregard professional rules for licensed patent attorneys can form the basis for a claim under the Conscientious Employee Protection Act (CEPA).