Unpacking Recent ITC Trade Secret Misappropriation Case Law

On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Lara Ameri break down the ITC’s recent decision in Investigation No. 337-TA-1352, a case involving trade secret misappropriation in the pharmaceutical sector. The discussion covers the procedural twists of the 100-day program, the Commission’s findings on domestic industry and threatened injury, and the remedies imposed—including a seven-year limited exclusion order and cease-and-desist orders. The team also highlights key takeaways for companies navigating trade secret disputes at the ITC, including the standards for proving injury and the impact of competing products in the market.