Orrick Obtains Significant ITC Victory for Advanced Technology & Materials

June.25.2018

An Orrick team achieved a complete victory in the ITC on behalf of our client Advanced Technology & Materials Co. (AT&M) when the complainants unilaterally moved to terminate the investigation at the close of fact discovery, without any concession or settlement agreement.

The complainants believed that two ex-employees in Japan allegedly took trade secrets several years ago and then transferred those trade secrets to AT&M, a Chinese state-owned enterprise that makes amorphous metals. The “evidence” of alleged misappropriation rested entirely upon an undercover sting operation against the two ex-employees.

The Orrick team’s innovative approach to the case focused on combating the deficiencies in the complainants’ allegations of misappropriation, including neutralizing the evidence from the undercover sting operation through pivotal third-party discovery of the undercover investigators. This strategy allowed the team to put early pressure on the complainants and minimized burdensome discovery for our client.

The Orrick team was led by Rob Shwarts and included Xiang Wang, Jordan Coyle, Carol Yan, Johanna Jacob, David Medina, and Tom Camilleri.