Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

تمرين 5

Theft of Trade Secrets. Four Pillars Enterprise Co. is a Taiwanese company owned by Pin Yen Yang. Avery Dennison, Inc., a U.S. corporation, is one of Four Pillars' chief competitors in the manufacture of adhesives. In 1989, Victor Lee, an Avery employee, met Yang and Yang's daughter Hwei Chen. They agreed to pay Lee $25,000 a year to serve as a consultant to Four Pillars. Over the next eight years, Lee supplied the Yangs with confidential Avery reports, including information that Four Pillars used to make a new adhesive that had been developed by Avery. The Federal Bureau of Investigation (FBI) confronted Lee, and he agreed to cooperate in an operation to catch the Yangs. When Lee next met the Yangs, he showed them documents provided by the FBI. The documents bore "confidential" stamps, and Lee said that they were Avery's confidential property. The FBI arrested the Yangs with the documents in their possession. The Yangs and Four Pillars were charged with, among other crimes, the attempted theft of trade secrets. The defendants argued in part that it was impossible for them to have committed this crime because the documents were not actually trade secrets. Should the court acquit them Why or why not [ United States v. Yang, 281 F.3d 534 (6th Cir. 2002)]