Establishing theft of U.S. trade secrets can be tricky when the allegations center on actions that took place on foreign soil. But now plaintiffs may have an easier time asserting those types of claims at the U.S. International Trade Commission, thanks to a 2-to-1 decision issued in October by the U.S. Court of Appeals for the Federal Circuit.
The appellate panel ruled that the ITC has authority to apply U.S. trade secrets law to actions that occur abroad, as long as the conduct causes a domestic injury. The court rejected arguments raised by a Chinese company called TianRui Group Co. Ltd. that Congress did not authorize the ITC to investigate and sanction alleged theft of U.S. trade secrets in China. The ruling is a win for the ITC general counsel’s office and McAndrews, Held & Malloy, which represented complainant Amsted Industries Incorporated at the ITC and the Federal Circuit.
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