question: Which of the following cases affirmed a defendant's right to have a competency evaluation before trial: Aptheker v. Secretary of State or Dusky v. United States?
answer: Dusky v. United States
context: Title: Aptheker v. Secretary of State
  Passage: Aptheker v. Secretary of State, 378 U.S. 500 (1964) , was a landmark United States Supreme Court case on the right to travel and passport restrictions as they relate to Fifth Amendment due process rights and First Amendment free speech, freedom of assembly and freedom of association rights.  It is the first case in which the US Supreme Court considered the constitutionality of personal restrictions on the right to travel abroad.
  Title: Ajaxo Inc. v. E*Trade Financial Corp.
  Passage: Ajaxo Inc. v. E*Trade Financial Corp., 187 Cal.App.4th 1295 (2010), is the second appeal on a dispute dated back to 1999.  During the original 2000 case, defendant E*Trade, an online financial services company, was found liable for maliciously and willfully misappropriating trade secrets pertaining to wireless stock trading technology acquired from the plaintiff, Ajaxo.  Under the Uniform Trade Secrets Act E*Trade was required under a mutually signed Non-disclosure agreement (NDA) to keep Ajaxo’s trade secrets confidential.  After a jury trial in 2003, E*Trade was fined $1.3 million to be paid to Ajaxo for the misappropriation and breach of NDA.  The court denied Ajaxo’s request for additional damages.  All parties appealed.  In 2005 the California courts of appeal affirmed the original ruling but remanded the case back to the trial court to determine additional damages.  A jury verdict in 2008 rejected claims raised and demands for royalty damages from Ajaxo.  In trade secret cases it is common for a plaintiff to seek royalty damages when they are unable to show an actual loss or that the defendant received some inequitable benefit from the misappropriation.  In this case the court refused to allow evidence of royalty damages, claiming there were no net damages.  Ajaxo appealed.  In 2010 the California courts of appeal once again remanded the case back to the trial court reasoning that in such cases an exact quantitative measure of wrongful enrichment damages incurred by the plaintiff might not be sufficient to reject the claim of reasonable royalties based damages
  Title: Dusky v. United States
  Passage: Dusky v. United States, 362 U.S. 402 (1960) , was a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial.  The Court outlined the basic standards for determining competency.
citations: Dusky v. United States Aptheker v. Secretary of State