Cyber Law
Fastco is a company that develops, manufactures, and sells fasteners (screws, bolts, and nuts) to the automotive industry. It manufactures a particular nut-and-bolt combination, identified as NB1, that is considered by many in the industry to be the best for particular applications. The technology behind NB1 is a trade secret, and Fastco has not patented it.
Acme Screw Products, Inc. is Fastco’s competitor and makes a similar product to NB1. Acme’s product is patented. Acme filed suit against Fastco, claiming that Fastco has infringed on its patent. Fastco denies that allegation. Acme has filed a request during the discovery phase of the lawsuit that Fastco produce all of its plans, diagrams, material formulations, test results, and so on that it has for the NB1 fastener.
Fastco believes that the lawsuit is simply a pretext for Acme to acquire the technology for Fastco’s more successful product. Should the court permit Acme’s request? Put another way, to what extent should the court take into consideration the harm that would be caused to Fastco by disclosure of its trade secret against Acme’s general right under the rules of civil procedure to obtain all evidence that Fastco has that might be relevant to its claim. Please post your reply and a response to another student’s reply by the due date.
