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The history section seems like a garbled re-telling of something without checking sources. I cannot see anything in Newbery v James that looks like a recognition of "trade secret" law in so far as I understand what the concept means (I'm an English lawyer and I'm fairly sure that we don't have anything resembling the US equivalent - we have a law of confidence but that's a different matter). What happened in the case is that the court dissolved an interim injunction and suggested that a claim be made for damages. It did not recognise that there was a claim, it merely refused to continue an injunction. The secret was a secret by contract, so it looks (to me) much like a breach of contract case. The only "trade secret" aspect being that the court thought that because the secret protected by contract was contained in a patent grant, specific performance would not be ordered, which seems to suggest the opposite for what the article contends. I am reading Mark Lemley's paper (which is the reference supporting the quote). The fact he can't be bothered to spell the case name correctly suggests he didn't read it and so is not really a reliable source. Francis Davey ( talk) 22:59, 11 January 2012 (UTC)
This article either needs completely re-writing or re-naming to Trade Secrets in the US as there is virtually no information on other countries and the article hasn't been improved since the first mention of US only info was tagged in December 2010. — Preceding unsigned comment added by Silent52 ( talk • contribs)
![]() | This page is an archive of past discussions. Do not edit the contents of this page. If you wish to start a new discussion or revive an old one, please do so on the current talk page. |
The history section seems like a garbled re-telling of something without checking sources. I cannot see anything in Newbery v James that looks like a recognition of "trade secret" law in so far as I understand what the concept means (I'm an English lawyer and I'm fairly sure that we don't have anything resembling the US equivalent - we have a law of confidence but that's a different matter). What happened in the case is that the court dissolved an interim injunction and suggested that a claim be made for damages. It did not recognise that there was a claim, it merely refused to continue an injunction. The secret was a secret by contract, so it looks (to me) much like a breach of contract case. The only "trade secret" aspect being that the court thought that because the secret protected by contract was contained in a patent grant, specific performance would not be ordered, which seems to suggest the opposite for what the article contends. I am reading Mark Lemley's paper (which is the reference supporting the quote). The fact he can't be bothered to spell the case name correctly suggests he didn't read it and so is not really a reliable source. Francis Davey ( talk) 22:59, 11 January 2012 (UTC)
This article either needs completely re-writing or re-naming to Trade Secrets in the US as there is virtually no information on other countries and the article hasn't been improved since the first mention of US only info was tagged in December 2010. — Preceding unsigned comment added by Silent52 ( talk • contribs)