Calling the Cops series

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Department of Justice
[via Flickr user jbtaylor]

Editor’s Note: This is the third in a series of posts addressing how corporate victims of trade secrets theft can enforce their intellectual property rights through the criminal justice system.  Prior posts can be found here and here.

Once a criminal investigation of trade secrets theft is underway, it’s not just a matter of the corporate victim passively watching the government pursue the case.  Pro-active engagement is required to maximize the benefits of a criminal investigation and prosecution.  But going about that the right way is an art form – there are many variables, unwritten rules, and traps for the inexperienced.  Effectively managing such situations begins with an understanding of the corporate victim’s relationship with the government.Continue Reading Calling the Cops: Managing a Criminal Investigation and Prosecution of Trade Secrets Theft

Editor’s Note: This is the second in a series of posts addressing how corporate victims of trade secrets theft can enforce their intellectual property rights through the criminal justice system.  The introductory post can be found here.

FBI Building Entrance Large - Blog
[via Flickr user cliff1066]

The criminal enforcement landscape

The federal government has intensified its focus on intellectual property theft in recent years.  For example, there is now an Intellectual Property Enforcement Coordinator  in the White House, and an Intellectual Property Task Force within the Department of Justice. The Intellectual Property Rights Coordination Center spans some two-dozen federal agencies, and has public and stakeholder outreach as part of its mission.  The fact that more trade secrets cases are being prosecuted is a direct reflection of these efforts.  More agents and prosecutors have been made available, and the federal government has become more aggressive in going after foreign officials and state-owned entities despite the diplomatic implications.  Domestic enforcement is on the rise as well, with more high-profile criminal trade secrets cases being brought than ever before.Continue Reading Calling the Cops: Initiating a Government Investigation of Trade Secrets Theft

FBI Building Seal Cropped
[via Flickr user Gary Bartram]

One remarkable aspect of the resolution announced last week in the long-running DuPont-Kolon trade secrets dispute is the transfer of $275 million to our client DuPont through the criminal restitution process. This highlights an option for corporate victims of trade secrets theft that is too often overlooked – initiation of criminal proceedings in parallel with civil litigation.  In fact, in some cases, a criminal trade secrets theft investigation and prosecution may eliminate the need for costly civil litigation entirely.
Continue Reading Calling the Cops: Enforcing Trade Secret Rights Through Criminal Prosecution