PRIVILEGE-WISE AND PATENT (AND TRADE SECRET) FOOLISH? HOW THE COURTS' MISAPPLICATION OF THE MILITARY AND STATE SECRETS PRIVILEGE VIOLATES THE CONSTITUTION AND ENDANGERS NATIONAL SECURITY.

The article discusses the issue concerning the U.S. Federal Circuit's utilization of the Military and State Secrets Privilege on the patent lawsuit filed by Crater Corp. against Lucent Technologies. It reveals that the circuit's dismissal of Crater's patent infringement claim through the application of the Privilege has violated the constitutional rights of the investors. It states that the circuit's decision may affect the companies' willingness to carry out inventions needed by the military.