The U.S. International Trade Commission recently published the public version of its February 26, 2014 Opinion inCertain Rubber Resins And Processes For Manufacturing Same, Inv. No. 337-TA-849. The Opinion is attached in two parts here and here. The Commission found that certain of the named respondents misappropriated the trade secrets of Complainant, SI Group, which secrets involved SI’s manufacturing processes for making tackifiers used in the production of rubber resins. The Commission employed the trade secret theft standard announced in the Federal Circuit’s decision in TianRui Group Co., Ltd. v. ITC, 661 F.3d 1322, 1327 (Fed. Cir. 2011). The Commission found that a departing employee of SI Group had stolen the trade secrets for the benefit of a competitor and based its conclusion on “strong circumstantial evidence.” The Commission also found that the domestic industry had both been injured and threatened with substantial injury. In Section 337 trade secret cases, the complainant must show not only that a domestic industry exists, but that the “threat or effect” of the unfair method of competition is to “destroy or substantially injure an industry in the United States.” The Commission issued a limited exclusion order for 10 years and prohibited the unlicensed importation of rubber resins made using any of the stolen manufacturing processes and manufactured by, for, or on behalf of the respondents or any parents, subsidiaries, affiliates, contractors, successors, or assigns.