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SD NY - Reverse engineering process was fatally tainted.

Faiveley Transport Malmo AB v. Wabtec Corp. (8/22/08) The court granted in part and denied in part Faiveley's motion for a preliminary injunction. The information at issue (data set forth in manufacturing drawings) did constitute trade secrets. Such information was not widely known outside the business; the evidence showed that no other company had succeeded in producing a complete BFC TBU unit. In addition, Faiveley took ample measures to protect the confidentiality of the information and devoted substantial resources to developing the BFC TBU. It would take considerable resources to duplicate Faiveley's technologies and such information was very valuable to Faiveley. While Wabtec claimed that it produced the manufacturing drawings through a bona fide reverse engineering process, that process was tainted by Faiveley's know-how.

Full post as published by The Trade Secrets Vault on September 01, 2008 (boomark / email).