A Surge In Trade Secret Misappropriation Cases At ITC
February 1, 2013, 12:50 PM EST
Law360, New York (February 1, 2013, 12:50 PM EST) -- The U.S. International Trade Commission has seen a spike in investigations related to the misappropriation of trade secrets since the Federal Circuit’s determination in TianRui Group Co. Ltd. v. U.S. Int’l Trade Comm’n, 2010-1395 (Fed. Cir., Oct. 11, 2011). Tian Rui affirmed that Section 337 of the Tariff Act of 1930 applies to trade secret misappropriation where the unfair act occurs exclusively overseas.
It also created a uniform federal common law standard for addressing trade secret theft under Section 337 that effectively replaced the ITC’s former...