Introduction

Your company may have facilities spread across the globe, critical suppliers in far-flung locations, or simply an unscrupulous employee with an email account. Whatever your situation, trade secrets are highly portable and easy to steal and send abroad for duplication. 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. Recently, in TianRui Group Company v. International Trade Commission, the Federal Circuit upheld the International Trade Commission’s decision to block importation of products produced by a foreign company using trade secrets stolen from a U.S. competitor. As a result, ITC proceeding might now be your best, fastest and easiest tool to stop the erosion of your market share by an offshore thief.