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…provides a significant domestic remedy for U.S. companies whose manufacturing processes are misappropriated overseas.
The Federal Circuit’s decision provides U.S. companies with the ability to seek expedited relief from the ITC without having to bring suit in a foreign jurisdiction that may be far less friendly to a U.S. company. This coupled with the court’s further determination in TiranRui Group that section 337’s domestic industry requirement is met where the “wheels could directly compete with wheels domestically produced by the trade secret owners” provides U.S. companies with a potential new and powerful legal weapon. Under the court’s holding, the section 337 domestic industry injury requirement does not require that the U.S. company prove that it is actually manufacturing the product using the trade secret process, it is enough to show that the imported product “could directly compete” with a product domestically produced by the trade secret owner. This low standard should not be an obstacle to bringing an action in the ITC in most cases.