5 ways to fight back against international trade secret theft

How a company can win big at trial, while preserving its reputation abroad

In part one of this series, we outlined the plight of a hypothetical U.S. company, SFilm, which designed an innovative flexible solar film and invested $750 million in a new plant to capitalize on its breakthrough technology. A Chinese company stole critical trade secrets covering the new technology, and entered the market with a competing product, thereby placing SFilm’s entire business in jeopardy. SFilm began to fight back by commencing federal court trade secrets litigation in a district with jurisdiction over the foreign defendant.

In this second installment of SFilm’s story, we explore the various defenses the Chinese defendant throws up, both in the U.S. and its home country, to elude responsibility for its theft, and how SFilm fights back. 

3. Help the U.S. government help you.

Contributing Author

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Kent Gardiner

Kent Gardiner is Crowell & Moring’s chairman and a partner in the firm’s Antitrust and Trade Secrets groups. He is a former trial attorney with...

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Contributing Author

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William Sauers

William Sauers is a counsel in Crowell & Moring’s Intellectual Property Group, where he handles a variety of litigation matters. Among other trade secrets litigation...

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