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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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