Eight Circuit Affirms Judgment for Rolls Royce over Trade Secrets

St. Louis, MO – The Eighth Circuit Court of Appeals has affirmed a lower court’s summary judgment in favor of Rolls Royce Corporation of Indianapolis and a jury’s award of $350,000. Intellectual property attorneys for Avidair Helicopter Supply, Inc. of Lee Summit, Missouri had filed a lawsuit seeking a declaration that it had not violated Indiana’s Trade Secret laws relating to trade secrets of the Rolls Royce Corporation of Indianapolis, Indiana. The case was originally filed in the Southern District of Indiana in 2006 but was transferred to the Missouri Western District Court in 2007.

The Court of Appeals affirmed the district court’s judgment. One issue that the Court of Appeals looked at was the definition of a trade secret. The Uniform Trade Secret Act provides that a trade secret is: “information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

Practice Tip: This case makes a claim under Indiana’s Trade Secrets Act, which allows a plaintiff to seek an injunction and damages when someone has misappropriated a trade secret. Indiana’s trade secret law is based upon the Uniform Trade Secret Act.

In the Eighth Circuit Court of Appeals, this case was before Circuit Judges Melloy, Smith and Benton. In the lower court, this case was assigned to District Judge Ortrie D. Smith, Missouri Western District Court and assigned Case No. 4:2006cv00816.Avid Air Helicopter Supply Opinion