The Secret of the Trade

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Any confidential business information that offers a competitive edge for a company is a trade secret. They are usually commercial, industrial or manufacturing secrets. This involves an unauthorized transmission of information in an unfair way that leads to a breach of a trade secret. The role of the essay is to show a specific case law that is seen as an infringement of a commercial secret.

MKS Instruments, Inc. v. Emmanipulations Inc.

There are several cases where "a trade secret is misappropriated." Under the abovementioned jurisprudence, the complainant made a claim concerning "lack of trade secrets." The plaintiff was MKS Instruments who indicted former employees who had formed a technology consulting firm called ‘Emphysys’. The defendants had filed a motion with an intention to dismiss the claim. Formerly, both the defendants and plaintiff had been working together. However, the defendant left and started a consulting firm. A confidentiality agreement had covered all the actions of both the employee and the consultants (Sandeen and Rowe, 163). Plaintiff went ahead in filing the action upon learning that the offender had paraded patent applications. The allegations were a complete replica of the inventions of the plaintiff.
As observed in this case, the facts explain the defence against the misappropriation of trade secrets relating to innovative semiconductor engineering technology. “The decision of the court was in the acknowledgement” of the fact that existing federal laws preempted state law on matters of patent issues (Sandeen and Rowe, 165). The court also noted that no single principle governing jurisdiction and preemption is a block to state law claims by the plaintiff. Both the arguments of the plaintiff and defendants were rejected since the purview of the court was to give a decision regarding the claims provided by the plaintiff. I fully support the decision of the court to reject both arguments. This is because by doing so, it is the best approach in trying to determine the application rights of the patent.

Work Cited

Sandeen, Sharon K, and Elizabeth A. Rowe. Trade Secret Law in a Nutshell. , 2013. Internet resource.

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