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ARTICLE · 11 FEBRUARY 2016

The ITC Flexes Its Trade Secrets Muscles Again

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The Federal Circuit has once again affirmed the ITC's broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets.

United StatesIntellectual Property
Jordan Coyle
Jordan Coyle
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The Federal Circuit has once again affirmed the ITC's broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets.  Based on this and other recent decisions, it looks like the ITC will continue to be a significant forum for trade secret battles.

Background Regarding the ITC's Investigation

The Commission instituted an investigation captioned Certain Rubber Resins & Processes for Manufacturing Same, on June 26, 2012, based on a complaint filed by SI Group, Inc. The complaint alleged violations of Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) related to the importation into the U.S. of rubber resins based on misappropriation of trade secrets. SI Group asserted the existence of 17 trade secrets relating to the synthesizing of certain resins that are used to manufacture tires, and that the overall combination of the 17 individual trade secrets is itself a protectable trade secret. SI Group's complaints

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