US International Trade Commission Patent Case Volume on the Rise in 2024

Paul Ainsworth, director in Sterne Kessler’s Trial & Appellate Practice Group, spoke to IAM relating to developments concerning trade secret cases at the U.S. International Trade Commission (ITC) in 2024. The article noted there were few trade secret cases filed at the ITC and only two in 2024. One of the notable trade secret cases was Certain Raised Garden Beds, in which the trade secrets were developed outside of the U.S. and misappropriated outside the country. The ITC applied U.S. trade secret law to conduct occurring outside the U.S.

“The effect of this is that foreign actors are essentially subject to U.S. trade secret law, even if their conduct may be permissible under local law, so long as their conduct relates to an act of importation in the U.S.,” Paul explained. “While this is good for trade secret owners, it presents a conundrum for foreign actors who very well may be complying with local law relating to trade secrets,” he added.