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TianRui Group Co. v. ITC 661 F.3d 1322 (Fed. Cir. 2011)

TianRui Group Co. v. ITC 661 F.3d 1322 (Fed. Cir. 2011). TianRui. Trade secrets: stolen in China used to make train wheels in China train wheels imported into the United States. TianRui: Federal Circuit.

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TianRui Group Co. v. ITC 661 F.3d 1322 (Fed. Cir. 2011)

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  1. TianRui Group Co. v. ITC 661 F.3d 1322 (Fed. Cir. 2011)

  2. TianRui Trade secrets: • stolen in China • used to make train wheels in China • train wheels imported into the United States

  3. TianRui: Federal Circuit The Commission has authority to investigate and grant relief based in part on extraterritorial conduct insofar as it is necessary to protect domestic industries from injuries arising out of unfair competition in the domestic marketplace.

  4. TianRui: Federal Circuit The Commission does not purport to enforce principles of trade secret law in other countries generally, but only as that conduct affects the U.S. market.

  5. TianRui: Federal Circuit The general provisions relating to unfair practices is not satisfied by evidence showing only that a domestic industry exists; it requires that the unfair practices threaten to “destroy or substantially injure” a domestic industry.

  6. TianRui: Dissent I see nothing in the plain language of the statute that indicates that Congress intended it to apply to unfair acts performed entirely abroad. In this case, none of the acts which constitutes misappropriation occurred in the United States.

  7. TianRui: Dissent United States trade secret law simply does not extend to acts occurring entirely in China. We have no right to police Chinese business practices…. The potential breadth of this holding is staggering.

  8. TianRui: Federal Circuit The Commission’s interpretation of section 337 does not, as the dissent contends, give it the authority to “police Chinese business practices.” It only sets the conditions under which products may be imported into the United States.

  9. Questions? Steve Adkins Washington, DC +1 202 683 3865 steve.adkins@allenovery.com These are presentation slides only. The information within these slides does not constitute definitive advice and should not be used as the basis for giving definitive advice without checking the primary sources. Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP's affiliated undertakings. 1.ppt

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