David Vondle Pens Intellectual Property Magazine Article on Increase in ITC Trade Secret-Based Investigations

Intellectual Property Magazine has published the article “Secret journey,” written by Akin Gump intellectual property partner David Vondle, which examines U.S. trade secret-based investigations and recent developments to the injury requirement at the U.S. International Trade Commission (ITC).

Vondle writes that the ITC is charged with investigating “complaints involving the unfair importation of articles into the United States, and issues determinations after concluding an investigation.” The vast majority of ITC investigations, he says, “have involved allegations of patent infringement,” with claims of other alleged IP rights violations and of unfair competition far behind.”

Recent data, though, indicate “an increase in unfair competition claims based on non-statutory claims, in particular trade secret claims,” Vondle notes. While the number declined for most of last year due to the pandemic, he says it is expected to return to “pre-pandemic levels in short order.”

Vondle then discusses why trade secret owners may seek relief at the ITC and why it remains “an attractive place to litigate trade secret disputes, provided that complainants can provide sufficient evidence of a substantial injury to a domestic industry.”

To read the article in its entirety, please click here.