Organik Kimya, San. ve Tic. AS v. ITC, 2017

In the 2017 case of Organik Kimya, San. ve Tic. A.S. v.
International Trade Commission, the United States Court of
Appeals for the Federal Circuit upheld the ITC’s decision to
impose default judgment sanctions on Organik Kimya for
spoliation of evidence and to issue a 25-year limited exclusion
order. The case arose from Dow Chemical Company’s
allegations that Organik Kimya infringed upon its patents and
trade secrets related to opaque polymer products used in paint
additives. The ITC found that Organik Kimya engaged in
extensive evidence destruction, including overwriting and
deleting critical data, in bad faith. This decision is significant as
it affirms the ITC’s authority to enforce trade secret protections
and patent laws in the international trade context. It also
highlights the severe consequences of evidence spoliation. The
case was filed under the allegations of trade secret
infringement, marking a pivotal moment for trade secret
protection enforcement.