Sino Legend v. ITC (Federal Circuit)

The International Trade Commission instituted a Section 337 investigation against Sino Legend, pursuant to a complaint that it misappropriated a competitor’s trade secret in China. Prior to the initiation of the ITC action, the competitor filed suit in China, where it lost. The ITC, however, rejected Sino Legend’s alternative contentions that Section 337 does not reach conduct that occurs entirely in China and that the ITC should extend comity to a decision of the Chinese courts. Following the entry of the exclusion order, Sino Legend hired us to seek review in the Federal Circuit. The matter remains pending.