Kewanee Oil Company v. Bicron Corporation

Warren E. Burger:

I have the disposition of number 73-187, Kewanee Oil Company against Bicron Corporation to announce.

We have granted the writ of certiorari in this case to resolve the conflict in the circuits on whether state trade secret protection is preempted by operation of the federal patent law.

We conclude that until Congress takes affirmative actions of the contrary, the states should be free to grant protection to trade secrets.

And accordingly, the judgment of the Court of Appeals of the Sixth Circuit is reversed and the case is remanded to the Court of Appeals with directions to reinstate the judgment of the District Court.

Mr. Justice Marshall has filed an opinion concurring in the result; Mr. Justice Douglas with whom Mr. Justice Brennan joined, filed a dissenting opinion; Mr. Justice Powell took no part in the decision of the case.