Legal Opinion

Kewanee Oil Co. v. Bicron Corp.

Supreme Court of the United States

Decided May 13, 1974No. 73-187PublishedCited by 560 opinions

1Opinion of the CourtChief Justice Burger

We granted certiorari to resolve a question on which there is a conflict in the courts of appeals: whether state trade Secret protection is pre-empted by operation of the federal patent law.1 In the instant case the Court of Appeals for the Sixth Circuit held that there was preemption.2 . The Courts of Appeals for the Second, Fourth, Fifth, and ..Ninth Circuits have reached the opposite conclusion.3

*473I

Harshaw Chemical Co., an unincorporated division of petitioner, is a leading manufacturer of a type of synthetic crystal which is useful in the detection of ionizing radiation. In 1949 Harshaw…

2Cases cited30 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  4. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  5. Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911

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3Cited by560 opinions

  1. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  2. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
  3. Faiveley Transport Malmo AB v. Wabtec Corp.Court of Appeals for the Second Circuit · 2009
  4. Berkey Photo, Inc., Plaintiff-Appellee-Cross v. Eastman Kodak Company, Defendant-Appellant-CrossCourt of Appeals for the Second Circuit · 1979
  5. Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977

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