Prosecutors won’t give up trying to convict a pair of Silicon Valley engineers, even though a judge and jury junked most of their case and one of the defendants is broke.

The Justice Department has been vocal about blocking technology leaks to foreign governments, especially China. So three years ago it bumped up trade secret charges against Lan Lee and Yuefei Ge to include economic espionage. Prosecutors accused Ge and Lee of stealing trade secrets from their employer, NetLogic Microsystems, and trying to commercialize them with venture funding from the Chinese government.