Commonly Used Elements Not Protected Trade Secrets

Franek Olstowski developed an excimer lamp using krypton-chloride to detect sulfur with ultraviolet fluorescence while he was employed by Petroleum Analyzer Co., L.P. He developed the technology on his own time. Later, Olstowski and Petroleum Analyzer discussed a licensing deal but failed to come to an agreement. Petroleum Analyzer filed a lawsuit claiming Olstowski’s technology as its own. The arbitration panel labeled Olstowski as the owner of the technology. Olstowski launched his own company and applied for a patent for his technology. Following the failed licensing agreement, Petroleum Analyzer created its own similar technology. Olstowski filed a contempt suit in an attempt to stop Petroleum Analyzer from selling their newly created technology. The court sided with Petroleum Analyzer because the elements used to create the technology were not a trade secret. Click here to reach the full details of the case.