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FAIL-SAFE, LLC v. A.O. SMITH CORP.

No. 11-1354.

674 F.3d 889 (2012)

FAIL-SAFE, LLC, Plaintiff-Appellant, v. A.O. SMITH CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 2012.

Attorney(s) appearing for the Case

G. Stephen Long (argued), Attorney, Long & Page, Denver, CO, for Plaintiff-Appellant.

John Donald Best (argued), Attorney, Michael Best & Friedrich LLP, Madison, WI, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, CUDAHY, Circuit Judge, and PRATT, District Judge.

CUDAHY, Circuit Judge.

This case is about whether a plaintiff can sustain a trade secret or unjust enrichment claim when that plaintiff fails to take any protective measures to safeguard its proprietary information. Business relationships do not always develop under formulaic circumstances. But where one company fails to take any protective steps to shield its proprietary information, it cannot then expect the law to protect...

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