After Five Years of Experimentation and Research, DGS Industries Invented

question 3

Essay

After five years of experimentation and research, DGS industries invented a new kind of drill head for use in drilling extremely hard surfaces with a great deal of precision. The technique has particular applications in medical equipment and aircraft. DGS considered applying for a patent on its invention, but determined that the 20-year period of exclusivity granted by a patent was insufficient. DGS sought instead to protect the invention as a trade secret. Two years later, a competitor, Copley Co., began producing precision parts so identical to DGS's that it seemed clear to DGS that misappropriation must have occurred. DGS started an investigation and quickly discovered that the lead scientist involved in the creation of the drill head had left for Copley just six weeks prior to Copley's production of the precision parts.
DGS has filed suit for misappropriation. Copley has defended by arguing that because DGS could have qualified for a patent but failed to apply for one, DGS was prohibited from claiming trade secret protection for its invention. Is Copley right? Explain.

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Definitions:

Emails

Electronic messages sent over a computer network which allow for easy and quick communication.

Documentation

The act of creating documents or records that capture and detail information, processes, or evidence.

Ethnocentrism

The tendency to consider one’s culture superior to others.

Workplace Distractions

Factors or activities that divert an individual’s attention away from their work-related tasks.