Today, Elli Lilly attempted to persuade a U.S. District Court judge to issue an injunction against a website, who, apparently, are in possession of confidential internal business documents. The questionable documents seem to be of an incriminating nature to Elli Lilly, a national leader in the sale of drugs. They demonstrate just how far a drug company will go to market their products. Moreover, the documents show how paradoxicalness and defrauding Elli Lilly has been with its dealing towards the American Public and the governmental regulatory agency, Federal Drug Administration (FDA).
What's far more relevant to the cyberspace argument is the district court's ruling regarding injunctive relief when the core merits involve the "internet." Here is an excerpt from the 14 February 2007 issue of a BNA report, "..the court concluded that it is unlikely that the court can now effectively enforce an injunction against the internet in its narrow manifestation and it would constitute a dubious manifestation of public policy were it attempt to do so." WOW! If this opinion is upheld on appeal, think of the undulatory effects on similar appeals all across the country, especially when sister circuits, who have yet to take up this matter, may be looking for outside guidance.
Remember, this case involved the leaking of sensitive, internal confidential documents (intellectual property) to the public by scanning and posting them on the internet. What a case to claim "whistle blower!" Are you to be applauded for whistle blowing or guilty of the unlawful copying and dissemination of others intellectual property? Is there a greater public interest to be served in releasing potential harmful documentation in contra to the legal rights of one's intellectual property?
http://www.eff.org/news/archives/2007_02.php#0051227
More to come!
BRIAN C. MARQUIS
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