Hsu was indicted for violating the Economic Espionage Act by conspiring to steal corporate trade secrets for an anti-cancer drug. The defense requested a copy of the trade secret documents.

The government contended that the defense did not need access to the documents except under supervision of the judge. The defense maintained a right of full access to the documents so the defense of impossibility could be established, meaning Hsu could not steal trade secrets that did not exist. Must the defendant be allowed full access to trade secrets that are a key part of a case? [U.S.v. Hsu, 155 F. 3d 189, 3rd Cir. (1998)]