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Trade Secrets › Misappropriation › International Trade Commission (ITC)

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Haug Partners LLP

2023 in Review at the International Trade Commission

Haug Partners LLP on

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Dunlap Bennett & Ludwig PLLC

Apple Watch Imports (Possibly) Banned By The ITC: What Patent Owners Need To Know

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Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California....more

White & Case LLP

Trade secret litigation at the US International Trade Commission: A rising fence

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A regulatory fence surrounds the United States, blocking the importation of any product that uses or was made using a misappropriated trade secret, among other unfair acts. That fence, called the Tariff Act of 1930, or...more

Axinn, Veltrop & Harkrider LLP

Trade Secrets, ET, and the ITC

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The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights. Moreover, the ITC’s in rem...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trade Secrets at the ITC - November 15th, 1:00 pm - 2:00 pm ET

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Directors Uma Everett and Paul Ainsworth will present the “Trade Secrets at the ITC” webinar on Wednesday, November 15, 2023, at 1:00 PM (EDT). During the webinar, attendees will understand strategic considerations...more

Foley & Lardner LLP

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

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Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving....more

Fish & Richardson

ITC Monthly Wrap-Up: February 2023

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Over the past 10 years, the Commission’s 100-day program has evolved from a pilot program launched in 2013 to codification under Rule 210.10(b)(3). Rule 210.10(b)(3) authorizes the Commission to order the Administrative Law...more

Mintz - Intellectual Property Viewpoints

Why is the ITC a Great Venue for Protecting Trade Secrets? Speed and Extraterritorial Authority

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To be a successful trade secret litigant at the ITC, it is critical to be mindful of unique substantive and procedural aspects of Section 337 litigation. These differences offer both promise and peril for complainants. ...more

Goodwin

ITC Institutes Investigation of Hugel’s Botulinum Toxin Product

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On May 2, 2022, the ITC instituted an investigation of Hugel’s botulinum toxin product based on a complaint filed by Medytox on March 30, 2022. Medytox alleges in its complaint that Hugel expects to obtain approval and launch...more

Morrison & Foerster LLP

Post-TianRui: A Survey of Trade Secret Litigation and Extraterritoriality in the ITC

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In 2011, the Federal Circuit in TianRui Grp. Co. v. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that respondent...more

Procopio, Cory, Hargreaves & Savitch LLP

Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay

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It has now been two years since a U.S. district court issued a ruling providing an additional avenue for U.S. trade secrets owners to take legal action against alleged misappropriation abroad. The decision in the Northern...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on

The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Goodwin

AbbVie Allegations of Trade Secret Misappropriation by Alvotech hf.

Goodwin on

Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab. In...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Global Reach: Extraterritoriality and DTSA Enforcement Beyond...

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“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

Planet Depos, LLC

Proposed SECRETS Act of 2021: What To Know

Planet Depos, LLC on

There has been a recent increase in the volume of complaints filed with the International Trade Commission – to be specific, in complaints alleging misappropriation of trade secrets and their unauthorized use in imports to...more

Kerr Russell

What To Know About The US International Trade Commission

Kerr Russell on

The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

ArentFox Schiff

Spoliation in Trade Secrets Case Leads to Default Judgment and ITC Exclusion Order

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Although most trade secrets litigation takes place in federal or state courts, another forum for redress is the US International Trade Commission (the ITC).  The ITC is renowned for the speed with which it moves its docket...more

Goodwin

Commission Issues Exclusion Order in Botox Trade Secret Case

Goodwin on

In July we reported that the presiding Administrative Law Judge recommended issuing an exclusion order blocking the importation of Jeuveau® (prabotulinumtoxinA-xvfs), Evolus’s follow-on biologic to Allergan’s Botox®...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Orrick - Trade Secrets Group

ITC’s Expansive Reach over Trade Secrets Developed and Misappropriated Abroad

Orrick - Trade Secrets Group on

Trade secret protections are a powerful tool for companies seeking to police international theft of their intellectual property. The United States International Trade Commission (“ITC”) recently re-affirmed this, when...more

Goodwin

2019 Trends at the International Trade Commission

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The U.S. International Trade Commission (ITC) just closed the books on fiscal year 2019. We summarize some notable trends below....more

Foley & Lardner LLP

Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools

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Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that...more

Goodwin

Allergan Files ITC Complaint Against Evolus to Block Imports of Newly Approved Botox Follow-On

Goodwin on

On January 30, 2019, Allergan and its partner Medytox filed a complaint with the ITC to block imports of Evolus’s follow-on biologic to Allergan’s Botox® (onabotulinumtoxinA injection) product, DWP-450, manufactured by...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

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Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

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Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

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