"Patent Publication Eliminates Trade Secret: In a straightforward opinion, the appellate panel held once published, the information in a patent application should be considered “generally known and readily available” and therefore are no longer amenable to trade secret protection.  "

"A trade secret is proprietary but unpatented information that confers a competitive advantage on its owner. If someone impermissibly uses a trade secret, the owner of the secret is entitled to a remedy that may include, in addition to damages, an injunction that forbids the unauthorized user from manufacturing a product that employs the owner’s secret. Courts disagree, however, over whether such an injunction should continue after the trade secret becomes public knowledge—for example, through a patent application or marketing. Even when courts agree that the injunction should continue after the trade secret becomes public, they still disagree over whether the injunction should be perpetual or limited in duration. This article uses real option theory within a Schumpeterian framework of innovation and competition to clarify the conflict regarding the proper duration of an injunction to remedy the unauthorized use of trade secrets.…"