Impact analysis of misappropriation

In connection with an intellectual property-related Section 337 dispute before the International Trade Commission, Brattle provided economic analysis and expert testimony on behalf of the Claimant, a major U.S. manufacturer of construction equipment. In the events leading up to this dispute, the Respondent—a Chinese manufacturer of construction equipment—hired a leading researcher employed by the Claimant, as well as a number of additional employees, who brought with them proprietary business and technical information belonging to the Claimant. The Respondent was charged with misappropriation of a number of patents and trade secrets. Brattle provided expert testimony on the existence of a threatened domestic industry, and on the nature and magnitude of the economic injury likely to result from the misappropriation. The Commission ruled in favor of the Respondent, issuing a cease-and-desist order against Claimant with respect to the asserted trade secrets for a period of 10 years.