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SMITHKLINE BEECHAM PHARMACEUTICALS CO. v. MERCK & CO., INC.

No. 403, 1999.

766 A.2d 442 (2000)

SMITHKLINE BEECHAM PHARMACEUTICALS CO., Smithkline Beecham Holding Corporation, Smithkline Beecham Corporation and Smithkline Beecham Biologicals S.A., Defendants Below, Appellants, v. MERCK & CO., INC., Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: December 1, 2000.

Attorney(s) appearing for the Case

Richard K. Herrmann, Esquire, and Mary B. Matterer, Esquire, Blank, Rome, Comisky & McCauley, Esquire, LLP, Wilmington and Donald R. Dunner, Esquire, (argued), Susan H. Griffen, Esquire, Howard W. Levine, Esquire, John R. Alison, Esquire, and York M. Faulkner, Esquire, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP., Washington, D.C. and James K. Grasty, Esquire, and Yuriy P. Stercho, Esquire, SmithKline Beecham Corporation, Philadelphia, PA, for Appellants.

Richard D. Allen (argued), Mary B. Graham, Julia Heaney, and Bradley J. Enna, Morris, Nichols, Arsht & Tunnell, Wilmington and Paul D. Matukaitis and Kevin J. McGough, Merck & Co., Inc., Rahway, New Jersey, for Appellee.

Before WALSH, HOLLAND, JJ., and RIDGELY, President Judge.

WALSH, Justice.

This is an appeal from a decision of the Court of Chancery following trial in an action between two pharmaceutical companies for misappropriation of trade secrets relating to a commercial process for producing chicken pox vaccine. The Court of Chancery determined that a misappropriation had occurred. The defendant argues on appeal that the Court of Chancery erred in its finding of misappropriation and in its...

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