By Alex Lasher and Jared Newton (January 5, 2018, 12:24 PM EST) -- In a case of first impression, the United States District Court for the Eastern District of Wisconsin confirmed what many practitioners already believed to be true — that in appropriate circumstances, findings by the U.S. International Trade Commission on trade secret misappropriation claims have preclusive effect in district court litigation. The court's holding in Manitowoc Cranes LLC v. Sany America Inc.,[1] may result in expedited relief, cost-savings and discovery benefits for trade secret holders using Section 337 to adjudicate misappropriation claims. But there are limitations. Differences in state and federal law may defeat collateral estoppel, and even if the ITC's determinations on liability are preclusive, trade secret holders must still establish that they are entitled to remedies available in district court....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
