United States v. Liew
United States Court of Appeals for the Ninth Circuit
856 F.3d 585 (2017)
- Written by Kelli Lanski, JD
Facts
In the early 1990s, Walter Liew (defendant) met with a high-ranking Chinese official who told him that one of the Chinese government’s priorities was developing chloride-route titanium dioxide (TiO2). Liew solicited some employees of DuPont de Nemours and Co. (DuPont) to steal DuPont’s superior TiO2 technology and share it with China. DuPont sued Liew for trade-secret misappropriation. The United States government (plaintiff) commenced an investigation, ultimately indicting Liew for misappropriation of trade secrets and under the Economic Espionage Act of 1996, including for conspiring and attempting to steal trade secrets. Liew was convicted after a jury trial. On appeal, Liew challenged the trial court’s jury instructions. Liew claimed that the instructions concerning the conspiracy and attempt charges erroneously allowed the jury to convict him without finding that the trade secrets involved were actual trade secrets.
Rule of Law
Issue
Holding and Reasoning (Owens, J.)
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