ILNews

Courts must ID trade secrets

Michael W. Hoskins
January 1, 2008
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The 7th Circuit Court of Appeals has overturned a northern Indiana judge's order to protect certain information and trade secrets, holding the District Court judge didn't adequately distinguish what shouldn't be released in a copyright and trade secrets dispute between two competing modular home builders.

A unanimous three-judge panel ruled today in Patriot Homes, Inc. and Patriot Manufacturing, Inc. v. Forest River Housing, Inc., d/b/a Sterling Homes, No. 06-3012.

The case involved Patriot Homes and Forest River Housing, who'd been competing contentiously for years, and what information each manufacturer could use. After Forest River unsuccessfully tried to acquire Patriot in 2004, it hired four Patriot employees. Those workers copied design materials from computers and took them to the new company, Sterling Homes.

In 2005, Sterling distributed brochures containing exact copies of Patriot's floor plans for homes that it was selling for less. Patriot asked Judge Allen Sharp for a preliminary and permanent stop to circulating those materials and that all confidential information and trade secrets be returned. Judge Sharp granted the preliminary injunction, but both parties disagreed on what information could be protected.

Overturning that injunction, Circuit Judge Terry Evans wrote: "The preliminary injunction entered by the District Court uses a collection of verbs to prohibit Sterling from engaging in certain conduct; but ultimately it fails to detail what the conduct is ... the substance of the 'trade secret' or 'confidential information' to which the verbs refer."

The Circuit Court disagreed with Patriot that no requirement exists for a court to identify each and every element of copyright originality or trade secret. As a result of the injunction, neither Sterling nor the Circuit Court could determine using certain information gathered through the Freedom of Information Act could be used, the court wrote.

"While it is not always easy to ascertain what information is a trade secret or confidential at this stage of the proceedings, the District Court still must make this determination in order to clearly delineate Sterling's responsibilities pursuant to the injunction," Judge Evans wrote, noting that Patriot mentioned during arguments in March that Sterling could only know that by looking at the court's preliminary injunction transcripts.

He added, "This requires a lot of guesswork on Sterling's part in order to determine if it is engaging in activities that violate the injunction, since the order itself is a little more than a recitation of the law."
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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