Business Litigation Report -- September 2012

In This Issue:

Trial Update; Internet Litigation Update; Russia Litigation Update; Analysis: The Federal Circuit’s Transocean Decision on Offer-To-Sell Infringement; Securities Litigation Update; Victory in Criminal Case and Other Victories.

Excerpt from Court Quashes Summons of Indictment in Economic Espionage Act Prosecution Against Quinn Emanuel Chinese Client

Last month, Quinn Emanuel won an important victory for its clients the Pangang Group and three of its subsidiaries in a closely watched criminal prosecution brought under the Economic Espionage Act (EEA). Pangang is one of the largest manufacturers of steel, titanium, and vanadium products in China. The government alleged that the Pangang defendants are state-owned companies controlled by a special government agency of the PRC and that Pangang had violated the EEA by misappropriating titanium dioxide (TiO2) production technology from E.I. du Pont de Nemours & Company (DuPont). On July 23, 2012, a United States District Court quashed the service of the summons, which may have ended the criminal prosecution, by ruling that the government had failed to properly serve the Pangang defendants under Rule 4 of the Federal Rules of Criminal Procedure. On August 16, 2012, the government indicated that it is exploring alternative methods to effect service. The next status conference is scheduled for October 11, 2012.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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