"The ITC Can Play a Critical Role in Combating International Trade Secret Theft," Intellectual Property Today (January 20, 2012). Co-Authors: Mark A. Klapow, Kathryn L. Clune, and Jessica Thompson.
Washington, D.C.-based attorneys with Crowell & Moring’s Litigation and Intellectual Property groups write about the impact of the Federal Circuit’s confirmation that the International Trade Commission (ITC) has jurisdiction over trade secret misappropriation, even if the predicate acts of misappropriation occur entirely outside of the United States.
According to the article, “The ITC is also an attractive forum against foreign defendants with no American presence because the ITC has in rem jurisdiction over goods imported into the United States. Therefore, the complainant may file in the ITC to keep goods out of the United States even if the importing entity is not subject to personal jurisdiction in the United States or is unknown.”
New York-based Intellectual Property Group partner Andrew M. Riddles and associate Sean E. Jackson write about the art of negotiation, and knowing when it is time to find alternative methods of resolution.
According the Riddles and Jackson, “The decision whether to begin negotiations at all or to walk away from ongoing negotiations can be a difficult one for a party to make because it hinges on many factors, both objective and subjective.”