Should ITC Adopt Trade Secret Claims Statute Of Limitations?

By Matt Rizzolo and Jolene Wang (March 29, 2021, 3:15 PM EDT) -- The U.S. International Trade Commission plays an important role in the enforcement of intellectual property rights in the U.S., given its speed and powerful remedy — exclusion orders barring the importation of certain products into the U.S.[1]

Though the vast majority of so-called Section 337 investigations include claims of patent infringement, assertions of trade secret misappropriation at the ITC have been on the rise in recent years.

These cases have been brought in a wide variety of industries — electric vehicles, beauty and wellness, consumer electronics — and have resulted in exclusion orders lasting up to 25 years.

Thus, the commission...

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