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Case Analyses for Intellectual Property Law and New Media

Series:

Steven L. Baron, Edward Lee Lamoureux and Claire Stewart

This text is a companion to the 2 nd edition of Intellectual Property Law And New Media: Free for a Fee. Moving the coverage of case analysis to this separate volume, enables the authors to focus their attention on important trial and legal procedures that apply extant law to, largely, new circumstances.
Readers can focus on history and concepts while reading the main text, allowing them to bring understandings derived there to bear on the cases found in this analytic text. The approach offers relief from information overload and allows time and space to «shift gears» between concepts and cases. To aid understanding and learning, the authors provide focused interpretations and analysis throughout.
The coverage allows these books to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by freeforafee.com, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms are provided within the texts.
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Chapter Six: Trade Secrets Cases

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CHAPTER SIX

Trade Secrets Cases



Traditional Media Trade Secret Cases with New Media Implications

Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470; 94 S. Ct. 1879 (1974).

In Kewanee Oil Co., the SCOTUS held that state trade secret law is not preempted by federal patent law.

In Kewanee Oil, the plaintiff was a leading manufacturer of a type of synthetic crystal useful in the detection of ionizing radiation. By 1966, this manufacturer had developed a novel, seventeen-inch crystal, using techniques and processes Kewanee Oil considered trade secrets. The individual defendants were former employees of Kewanee Oil who formed or later joined Bicron Corp. As a condition of their former employment with Kewanee Oil, they each executed at least one agreement requiring the signer not to disclose confidential information or trade secrets obtained as employees of Kewanee Oil. The Bicron Corp., formed in August 1969, competed with Kewanee Oil in the production of the crystals and by April 1970 had grown a seventeen-inch crystal. The plaintiff thereupon instituted an action in the US District Court for the Northern District of Ohio seeking injunctive relief and damages for the misappropriation of trade secrets.

The District Court, applying Ohio trade secrets law, granted a permanent injunction against the disclosure or use by the defendants of twenty of the forty ← 60 | 61 → claimed trade secrets. Although holding that the District Court’s findings of fact were not...

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