Argile Has Worked for Three Years to Reverse Engineer a Process

question 76

Multiple Choice

Argile has worked for three years to reverse engineer a process of making an over-the-counter pain-killer. Zetena Pharmaceuticals sues Argile for violation of trade secrets under their state's law. Will Zetena win?

• A) Yes, competitors may not discover trade secrets by doing reverse engineering.
• B) Yes, competitors may discover secrets by reverse engineering but still must pay royalties.
• C) Yes, pharmaceuticals cannot be reverse engineered.
• D) No, because there is no registration of trade secrets so there are no protections.
• E) No, the process of reverse engineering is a lawful way of discovery.

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Definitions:

State's Rights

State's rights refer to the political powers held by individual U.S. states as opposed to those held by the federal government, emphasizing the decentralized structure in the Constitution.

UCC

The Uniform Commercial Code is a substantial framework of laws tailored to govern business transactions within the United States.

Commercial Code

A set of laws that regulate commercial transactions, including the sale and leasing of goods, negotiable instruments, and secured transactions.

Firm Offer

A binding offer stating in writing how long it is to remain open that cannot be revoked during that period by the offeror.