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Intellectual Property News
Guilty Plea In Trade Secrets Case
Colm F. Connolly, United States Attorney for the District of Delaware; William D. Chase, Special Agent in Charge of the Baltimore Federal Bureau of Investigation (FBI) Field Office; and Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement, announced today the unsealing of a one-count Criminal Information charging GARY MIN, a.k.a. Yonggang Min, with stealing trade secrets from E.I. du Pont de Nemours and Company ("DuPont"). MIN pleaded guilty to the charge on November 13, 2006. The offense carries a maximum prison sentence of 10 years, a fine of up to $250,000, and restitution.
Pursuant to the terms of the plea agreement, MIN admitted that he misappropriated DuPont's proprietary trade secrets without the company's consent and agreed to cooperate with the government.
According to facts recited by the government and acknowledged by MIN at MIN's guilty plea hearing, MIN began working for DuPont as a research chemist in November 1995. Throughout his tenure at DuPont, MIN's research focused generally on polyimides, a category of heat and chemical resistant polymers, and more specifically on high-performance films. Beginning in July 2005, MIN began discussions with Victrex PLC about possible employment opportunities in Asia. Victrex manufactures PEEK™, a polymer compound that is a functional competitor with two DuPont products, Vespel® and Kapton®. On October 18, 2005, MIN signed an employment agreement with Victrex, with his employment set to begin in January 2006. MIN did not tell DuPont that he had accepted a job with Victrex, however, until December 12, 2005. Read more at bis.doc.gov
USPTO examines patent applications.
The US patent office examines patent applications to decide if the applicants are entitled to the exclusive rights.
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Definition:
Rights of copyright, the distribution right is infringed merely by a transfer of copies of the work, whether those copies were unlawfully or lawfully made, except under the First Sale Doctrine.
Service Mark
Definition:
A word, slogan, design, picture, or any other symbol used to identify and distinguish services as opposed to a product.
Secrecy
Definition:
The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it.
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