California Court of Appeal

In a case in which defendant and his company were convicted of multiple offenses including conspiracy and attempt to commit economic espionage and theft of trade secrets, possession of misappropriated trade secrets, and conveying trade secrets related to defendant's chloride-route technology for producing titanium dioxide (TiO2), the district court's judgment is: 1) affirmed where the court did not commit reversible error in giving a jury instruction regarding compilations, or in rejecting a public-disclosure instruction, an instruction regarding disclosure to a single recipient, and reverse-engineering/general-knowledge instructions; 2) affirmed where defendants waived their right to obtain review of their arguments that the district court's conspiracy and attempt instructions constructively amended the indictment and erroneously allowed the jury to convict; 3) reversed as to convictions for conspiracy to obstruct justice by agreeing to file a false answer in civil litigation with DuPont; 4) reversed as to conviction of witness tampering; and 5) remanded for a determination of whether the prosecution's failure to disclose the FBI's interviews with a deceased co-conspirator, would have affected the outcome of the trial.

Appellate Information

• Published 2017/05/05

Judges

• OWENS

Court

• California Court of Appeal

Counsel