E.I. duPont de Nemours & Co. v. Christopher (1970)

“Spying through the skies is still theft of secrets — innovation deserves protection even without locked doors.”

Short Description :

This landmark U.S. decision broadened the concept of trade-secret misappropriation. It held that obtaining confidential business information through unethical or deceptive observation can be unlawful even without physical trespass. The case became a foundation for interpreting “improper means” in modern trade-secret law.

Facts :

DuPont was constructing a plant to develop a confidential methanol-production process. Competitors hired an aerial photographer, Christopher, to capture overhead photos of the construction site. DuPont argued that the photographs were taken to discover its secret design and chemical process. Though the photographers never entered the premises, DuPont claimed this act was industrial espionage that violated its right to secrecy.

Findings / Reasoning :

The Texas Court of Civil Appeals ruled that such aerial surveillance constituted improper means. The court reasoned that trade-secret law must evolve with technology and that “what is improper cannot become proper merely because it is easy to do.” Physical barriers are not the only measure of secrecy; fairness and good conscience forbid taking advantage of another’s costly innovation through deceitful observation.

Suggestions / Observations :

The decision warns competitors against exploiting technological loopholes to appropriate confidential know-how. It also encourages companies to maintain reasonable precautions for secrecy, but affirms that courts will protect innovators from unfair industrial espionage.

Judgment & Date :

The Texas Court of Civil Appeals delivered judgment in 1970, holding for DuPont and recognizing aerial photography as an improper and unlawful method of obtaining trade secrets.