U.S. Educated Chinese Students–Abuse U.S. Temporary Work Program

*Previously posted on IPPIBlog.com On September 26, 2019, the Chicago Tribune published an article written by Todd Lightly titled, “How A Chicago college student ended up in the middle of an FBI investigation into Chinese spying.” The article is an excellent investigative report into how a former Chinese student was allegedly recruited by a Chinese intelligence officer to recruit…

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China’s [Continuing] Trade Secrets Theft Initiative

*Previously posted on IPPIBlog.com A couple of days ago, U.S. Deputy Assistant Attorney General Adam Hickey was interviewed by CNBC. Although he didn’t say anything we didn’t already know, he put into more urgent context the determination of the Chinese government to expand their research and development sectors by 2025 regardless of the means used. This is…

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Google’s Former Star Self-Driving Executive: Charged

*Previously posted on IPPIBlog.com

Over two (2) years ago (May 2017) I asked the question in a blog post titled, “Is There a Different IP Protection Policy for Star Employees?”.

WHY DID I ASK THIS QUESTION?

I asked this question based on the allegations that the former head of Google’s self-driving program (SCOTT LEVANDOWSKI) had just walked away with Google’s trade secrets and went over to Uber.

At the time, I was baffled that LEVANDOWSKI had not been criminally charged and that Google was pursuing it through a “civil” legal process.

Google and Uber settled on the “civil” side in 2018, the criminal issue–in regards to LEVANDOWSKI’s alleged trade secrets theft–had not been resolved.

ARE STAR-EMPLOYEES SPECIAL?

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Composition of a Chinese Trade Secrets Theft Enterprise: A Family Affair –UPDATE

*Previously posted on IPPIBlog.com

In January 2016, U.S. federal prosecutors (Department of Justice-DOJ) in Pennsylvania indicted five people for allegedly stealing trade secrets from UK pharmaceutical company GlaxoSmithKline (GSK).

Two of the accused were scientists at GSK’s U.S. facility in Pennsylvania. A third was the twin-sister of one of the GSK scientists, and another was the husband of the other GSK scientist.

According to the DOJ press release the theft occurred in order to benefit a Chinese company.

The following five (5) defendants were charged with trade secrets theft:

  • YUE XUE; (GSK scientist)
  • TIAN XUE (her twin-sister)
  • LUCY XI (GSK scientist)
  • YAN MEI; (her husband)
  • TAO LI

A key figure in this conspiracy is former GSK scientist: YU XUE, a/k/a “Joyce.”

Here is a quote from the complaint,

“YU XUE (“Joyce”) e-mailed … from her GSK e-mail account to her personal account and then forwarded that intellectual property to her conspirators … also used her GSK computer to download a substantial amount of intellectual property from GSK’s network, apparently onto a thumb drive or other portable storage device, to send this information to her conspirators.”

***I discussed this case in five (5) consecutive posts on my blog in October 2018, titled, “Composition of a Trade Secrets Theft Enterprise-Case Study, Parts 1-5”

NEW SPIN—ACCUSED # 6

Just this week there was an additional action taken by the U.S Department of Justice (DOJ) that puts another twist on this case.

As it turns out, not only was “Joyce’s” sister involved in the conspiracy, but “Joyce’s” brother was involved as well.

According to recent press reports, GONGDA XUE, the “Joyce’s” brother worked at a drug company in Switzerland during the time of the conspiracy in which he’d received stolen GSK trade secrets from his sister (“Joyce”) and used the Switzerland drug company’s facility to perform tests. The results of the tests were then passed onto to conspirators in China.

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What is the Cloud Act and Why Should Global IP Investigators Care?

*Previously posted on IPPIBlog.com

WHAT IS THE U.S. CLOUD ACT?

Last year the U.S. passed the Cloud Act which essentially makes it possible for the U.S. to compel a data provider to produce electronic evidence regardless of what country the data is stored.

It also provides for bilateral agreements between the U.S. and other qualifying countries to not restrict access to the data if stored in their country.

WHAT DOES THE WORD “CLOUD’ IN THE CLOUD ACT MEAN?

The acronym C-L-O-U-D stands for, “Clarifying Lawful Overseas Use of Data Act”

WHAT WAS ONE OF THE CATALYSTS FOR THE CLOUD ACT?

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