Trade Secret Law Goes Global – and Federal. Federal Circuit Approves ITC’s Sweeping Power to Block Imports Based on Trade Secret Misappropriation outside the U.S.

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TianRui Group Co. Ltd., et al. v. International Trade Commission, Slip Op. 2010-1395 (Fed. Cir. Oct. 11, 2011) (Bryson, J., joined by Schall, J.) (Dissent by Moore, J.).

Earlier this month, the Federal Circuit issued an opinion with potentially far-reaching consequences for American companies’ trade secret enforcement efforts. In TianRui Group Co. Ltd., et al. v. International Trade Commission, the court held that the International Trade Commission (ITC) can prevent the importation of products made by trade secret processes developed in the United States — even when the misappropriation took place exclusively abroad. In so ruling, the Federal Circuit has arguably given trade secret owners broader power than patent owners to protect intellectual property overseas provided they can meet the statutory domestic injury requirement.

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