By Eric Schweibenz
On June 17, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination (“ID”) on violation of Section 337 and Recommended Determination (“RD”) on remedy and bond in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

By way of background, this investigation is based on a May 21, 2012 complaint filed by SI Group, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain rubber resins made using misappropriated SI Group trade secrets.  See our June 22, 2012 post for more details on this investigation.

According to the notice, ALJ Rogers determined that (i) there are valid trade secrets at issue in this investigation; (ii) the trade secrets at issue were misappropriated by individual Respondents Quanhai Yang and Ning Zhang as well as the following entities controlled by Quanhai Yang and Ning Zhang:  Sino Legend ZJG, Sino Legend BVI, Sino Legend Hong Kong, Sino Legend Marshall Islands, Sino Legend Holding Group, Gold Dynasty, Elite, Red Avenue BVI, Red Avenue Hong Kong, and PMI; and (iii) a domestic industry exists and was injured as a result of the importation of the accused resins that are made using the misappropriated trade secrets. 

We will provide additional details once the public version of the ID and RD is issued.