OESA Legal Corner: Using the ITC to Stop Trade Secret Misappropriation at the Border
Daniel Quick, Dickinson Wright PLLC

Your company may have facilities spread across the globe, critical suppliers in far-flung locations or simply an unscrupulous employee with an e-mail account.  Whatever your situation, trade secrets are highly portable, easy to steal and easy prey for unscrupulous off-shore companies.  If you knew your trade secrets were being used in Taiwan or Tanzania, the prospect of suing in federal court would be less than satisfying, starting with questions concerning how to obtain jurisdiction over the thief.

Domestic companies now have a new shield to protect their trade secrets from misappropriation by foreign competitors: The International Trade Commission (ITC).  Recently, in TianRui Group Company v International Trade Commission, the Federal Circuit upheld the ITC’s decision to block importation of products produced by a foreign company using trade secrets stolen from a U.S. competitor.

For automotive, industrial and technology companies, this ruling opens the door to expanded use of ITC proceedings instead of or in tandem with traditional litigation.  There are several potential advantages to bringing a claim before the ITC when compared with traditional litigation, including: expanded jurisdictional reach covering international defendants, a fast-track procedure and remedies that could exclude any product created with the use of stolen information from entering the United States.  As a result, an ITC proceeding might now be your best, fastest and easiest tool to stop the erosion of your market share by an offshore thief.

For any questions, contact Daniel Quick at 248.433.7242 or dquick@dickinsonwright.com.

For a longer treatment on this topic, see the recent DW Client Alert at www.dickinsonwright.com/newsalerts/pages/default.aspx.