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Dana Jenkins Designed a Remote Control Model Submarine Kit for Use

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Essay

Dana Jenkins designed a remote control model submarine kit for use in small ponds and pools. He contacted RC Electronic Gadget Makers, an electronics manufacturer, about possibly purchasing his invention. Before he disclosed the details of the invention to RC, he required RC to sign a disclosure form, which stated, among other things, that Jenkins would retain all intellectual property rights in the invention unless RC and Jenkins agreed upon a purchase and sale of those rights, and which provided that RC would not reveal any trade secrets that Jenkins had in the invention. The contract was signed at RC's headquarters in Georgia, where all discussions and negotiations between the parties took place.
RC ended up rejecting Jenkins' invention. A few months later, however, RC came out with a virtually identical remote control submarine. Jenkins wants to file suit for trade secret misappropriation a state law claim). Jenkins is a resident of Michigan. RC is a Delaware corporation with its principal place of business in Georgia.
a. Can Jenkins file suit in Michigan state court? Explain thoroughly.
b.Can Jenkins file suit in Georgia state court? Explain thoroughly.
c.Can suit be brought in federal court? Why or why not? If suit can be brought, what substantive law federal or state) would apply?


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