E.I. DuPont deNemours & Co. v. Christopher
Court of Appeals, Fifth Circuit
431 F.2d 1012 (1970)
Christopher (defendant) was hired by an unknown third party to take aerial photographs of a DuPont (plaintiff) methanol plant under construction, which used a new, secret manufacturing process DuPont was taking care to protect. The plant was unfinished and its equipment visible from the air; DuPont alleged the photographs contained enough detail to let a skilled person reverse-engineer its secret process, and sued for trade secret misappropriation. Christopher moved to dismiss for failure to state a claim, arguing his conduct - flying in public airspace, taking photos, and handing them to a third party - involved no trespass, illegality, or breach of confidence.
Whether a trespass, illegal conduct, or breach of a confidential relationship is required for the appropriation of trade secrets to be wrongful.