The Seventh Circuit Court of the United States heard arguments in MOTOROLA Systems v. Hydra Communications, The case involves "Protection of trade Secrets Act" (DTSA) When is the civil claim (If any) Can be extended to overseas sales. According to the jury's question, The Seventh Circuit may provide critical guidance to litigants, Help them understand "Acts that facilitate crime" When did it happen in the United States, And when the owner of the trade secret can be based onDTSAClaim damages for overseas sales.

with "Economic espionage act" Compared to criminal proceedings, The point of contention between the parties is this, On the basis ofDTSAWhether a civil action can extend to misappropriation that typically occurs outside the United States. The jury's questions focused on the country where the charges were filed "Acts that facilitate crime" , And an assessment of damages based on foreign sales when such conduct does occur within the United States, This suggests that the 7th Circuit is likely to confirm, DTSAAt least in some cases, it can be extended extraterritorial.

What actions Hydra is alleged to have taken in the United States to facilitate the theft? First of all, Hydra employees are accused of obtaining trade secret information through remote servers in Malaysia, The server is located in Illinois "Master server" Image server. Against the argument, Judge Hamilton asked: "Don't they have servers in Malaysia? " It goes without saying, The court is considering it carefully, Accessing information from servers outside the United States, The server mirrors or accesses systems in the United States, Is sufficient to constitute a crime.

secondly, MOTOROLA claims, Hytera participated in trade shows in the United States to promote its stolen technology products to international customers. Hytera countered, There is no evidence of a sufficient link between its presence at trade shows in the United States and MOTOROLA's ability to recover damages for foreign sales. At this point, Hamilton asked Hytera, Whether activity suspected of facilitating misappropriation in the United States must be linked to every foreign sale, Hytera responded, The bench does not require proof of sale by sale, But it does require some evidence, Linking Hytera's trade show activities to foreign sales that were awarded damages.

In light of the jury's questions and the litigants' answers, The Seventh Circuit appears capable of providing much-needed clarification on the following issues: (i) What types of activities within the United States may be liable for misappropriation occurring abroadDTSALiability under; (ii) The defendant faces the extent of damages for international sales. (Be compiled fromwww. mondaq. com)

TRANSLATORS: Wu Xian　proofread: Liu Peng



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