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ARTICLE · 16 APRIL 2013

Don't Photograph The Machines!

Clark Roberts and Sean Howley worked as engineers at Wyko Tire Technology. In November 2006, Wyko entered a deal to supply tire parts to Haohua South China Rubber Company.

United StatesIntellectual Property

Speaking to the Economic Espionage Act, 18 U.S.C., the U.S. Court of Appeals for the Sixth Circuit affirmed the convictions but reversed the sentences as too modest in United States v. Howley, Case Nos. 11-6040; -6071; -6194 (6th Cir., Feb. 4, 2013) (Sutton, J.)

Clark Roberts and Sean Howley worked as engineers at Wyko Tire Technology. In November 2006, Wyko entered a deal to supply tire parts to Haohua South China Rubber Company. However, Wyko had never previously made the Haohua parts. Goodyear, a Wyko customer, used machines just like the ones Wyko needed to produce the subject tire parts. Around the same time that Wyko was struggling to design and make the Haohua parts, Goodyear asked Wyko to send a technician to repair some of its tire-assembly machines. Wyko decided to send Roberts and Howley, the two engineers who happened to be assigned to the Haohua tire part project. Both men signed confidentiality agreements before their visit, acknowledging that they might

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