Intellectual Property Alert: Federal Circuit Affirms ITC’s Extraterritorial Authority in Trade Secret Cases
10/17/2011
By Richard G. Gervase, Jr. and Ping Hu
Many US companies now have a new and powerful weapon in protecting their intellectual property against foreign wrongdoers. A three-judge panel at the Federal Circuit handed down a far-reaching decision on Tuesday, October 11, affirming that Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 (“Section 337”) gives the International Trade Commission (ITC) authority to block importation of products based on trade secret misappropriation that occurred outside the United States. In this decision, the Federal Circuit expands the reach of Section 337 outside the territorial boundary of the United States in the context of trade secret misappropriation.
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