Legal Question in Product Liability in Texas

Product Design

Currently manufacturing a piece of aircraft ground support equipment (does not go on aircraft)for a large company. Our little company has come up with a different cheaper design.

The 'basic function' of the item remains the same - allows ground crews to move an aircraft on surfaces by hand.

Question - Is there any general guideline on the 'extent of change' required for the new product so no 'proprietary information exchange aggreements'would be violated ??

Thank you for any assistance.


Asked on 3/12/03, 3:31 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Product Design

That was an extremely cryptic question. I think you are asking how much change by the recipient of confidential information on a proprietary design is required before the recipient is free to disclose the changed design. If so, that is so factually dependent a question that there is no general answer other than it must be a substantial amount so that no confidential information remains in the new design and so that disclosure of the new design does not reveal any confidential information on the proprietary design. Even then, there is a substantial risk the recipient will nevertheless be accused of breach of the confidential disclosure agreement, especially if the recipient is, by virtue of the new design, now in competition with the entity which disclosed in secrecy the original design.

What you need is for a lawyer versed in patent and trade secrets, and if appropriate Government Data Rights, to review the matter and advise you specifically. I am responding because I am such a lawyer, having been the chief patent lawyer for several mid-sized defense contractors (Olin Ordnance, Rocket Research Corp., Pacific Electro Dynamics, Olin Aerospace, Olin Winchester, Olin Lake City Arsenal, etc.) This is not something you should be discussing over lawguru. A better online locale might be www.LegalMatch.com where you can get quotes on assistance from expert lawyers like myself.

Be Careful, you are walking on dangerous ground.

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Answered on 3/13/03, 4:25 am


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