【 Case summary 】
In May 2016, more than 40 Chinese steel companies, such as Baosteel and Shougang, launched a 337 investigation against carbon steel and alloy steel imported from China to the United States. From anti-monopoly, infringement of trade secrets, fictitious origin and other three aspects of the Chinese steel enterprises accused. The trade secret charges are that hackers launched cyberattacks on U.S. steel companies to steal trade secrets that were used by Chinese state-owned steel companies to develop high-grade high-strength steel, which Chinese steel companies then exported to the United States. Baosteel and other Chinese enterprises submitted a large amount of evidence to prove their independent research and development of the products involved in the evidence disclosure rules; Provided factual witnesses and took evidence out of court under cross-examination by the US lawyer; Get evidence from the Americans, file a defense. Through these measures, Baosteel proved that the accused products were independently developed by it and never stole trade secrets from the United States. For other issues, such as antitrust and fictitious origin, the USITC ultimately ruled that the plaintiff had to prove injury as a result of the defendant's monopolistic conduct and had no standing because the plaintiff could not prove it.
【 Case Revelation 】
In this case, Baosteel and other Chinese enterprises actively responded to the lawsuit, seriously responded, made full use of relevant rules, especially the rules of evidence discovery, and submitted a large amount of evidence to prove their independent research and development of the products involved; Provided factual witnesses and took evidence out of court under cross-examination by the US lawyer; Obtain evidence from the United States and vigorously defend. The Chinese enterprise won the case, which is also the first successful 337 investigation trade secret case of a domestic enterprise.
Source: Shenzhen Intellectual Property Protection Center, China
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