Claimants in trade secret disputes around the world increasingly bring their claims to U.S. courts and the U.S. International Trade Commission (ITC).
Kobre & Kim partner Michael Ng recently discussed the trend in his interview with IAM Magazine.
Kobre & Kim recently won a California case for firm client Propel Fuels, winning a US $604.9 million jury verdict in October—the most significant trade secret verdict of 2024.
Propel Fuels, Inc. (“Propel”), a low-carbon fuel provider, was awarded victory by a jury in its trade secrets misappropriation case against Phillips 66 Company (“Phillips 66”).
On October 16, 2024, the jury found that Phillips 66’s renewable fuels business was developed using Propel’s trade secrets in violation of California’s Uniform Trade Secrets Act and awarded unjust enrichment damages totaling US $604.9 million.
The jury also found Phillips 66’s misappropriation willful and malicious, meaning the Court may triple the total damages award.
Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies.
Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.
In light of the ongoing PRC-U.S. trade dispute, Chinese companies are more likely to face charges in U.S. courts against civil claims of trade secret theft.
Civil trade secret misappropriation cases in U.S. courts can be particularly complex and high-stakes for Chinese companies on the defensive end of cross-border disputes.
Chinese companies, their executives and legal representatives should familiarize themselves with U.S. IP protection standards in the face of pending cross-border litigation.
Innovative Israeli technology companies are inherently disadvantaged when facing litigation against larger parties with deeper pockets.
Litigation funding can bridge the resource gap between smaller technology companies and the multi-national companies (MNCs) who may disregard their rights.
Litigation funding benefits smaller Israeli companies seeking to protect their rights. It also provides start-ups and growth-stage technology companies with the necessary resources to develop a strong case without being impeded by high costs.