D began considering the possibility of using returnable containers to ship its products P was a new company that wanted to produce such containers. P and CAPS Logistics conducted a 'reverse logistics analysis' of D's shipping needs. That work was done based on an agreement, prepared by P, between it and D that was entitled 'Mutual Non-Disclosure Agreement--Logistics Consulting Version.' D then requested proposals from nine firms, including P. D accepted none of the proposals. A few years later it designed a returnable container and began using containers manufactured by a firm to which it had given the design. P claims that D's design was based on the design that it had submitted to D in response to the request for proposals. D moved for summary judgment, and it was granted. P appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.