Compass Lexecon Client Corning Secures Major ITC Victory in Display Glass Trade Secret Litigation

In this proceeding, Compass Lexecon’s client, Corning Incorporated (“Corning”), sought to prevent unfair methods of competition and unfair acts in the importation and sale of display glass manufactured using Corning’s misappropriated trade secrets. Specifically, Corning claimed that Caihong Display Devices Co., Ltd. (d/b/a IRICO) misappropriated Corning’s trade secrets, including Corning’s proprietary fusion draw technology for manufacturing LCD glass substrates, and alleged violations of Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 against IRICO and certain downstream manufacturers of display panels and consumer electronics containing IRICO display glass produced using Corning’s misappropriated technology. The US International Trade Commission (“ITC”) instituted an investigation into Corning’s claims on January 24, 2025 (USITC Inv. No. 337-TA-1433).

Compass Lexecon President and Chairman, Professor Daniel R. Fischel, was retained by Kellogg, Hansen, Todd, Figel & Frederick, PLLC on behalf of Corning to (i) assess the economic and financial evidence related to Corning’s asserted domestic industry, (ii) quantify the significance of Corning’s domestic industry investments, and (iii) analyze and opine on the extent of the actual and threatened harm to that domestic industry from IRICO’s alleged misconduct. Professor Fischel submitted an expert report and provided deposition testimony. In addition, during the ITC evidentiary hearing in February 2026, Professor Fischel was admitted as an expert in economic valuation and injury and testified at length on Corning’s domestic industry investments and opined, among other things, that Corning’s domestic industry has already been substantially injured and faces a threat of future substantial injury if IRICO is allowed to continue to sell its infringing glass for importation into the United States.

On July 23, 2026, Administrative Law Judge Monica Bhattacharyya issued the ITC’s Initial Determination, confirming that IRICO and the remaining downstream respondents misappropriated Corning’s trade secrets and concluding that there has been a violation of Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. The ITC’s Initial Determination made repeated references to Professor Fischel’s testimony on Corning’s domestic industry investments as well as the actual and threatened harm to Corning’s domestic industry. For example, in determining that IRICO’s trade secret misappropriation has caused actual and threatened substantial injury to Corning’s domestic industry, the ITC cited Professor Fischel’s testimony and analyses showing that IRICO has increased its production capacity and market share and has engaged in underselling and that Corning’s market share has decreased.

Compass Lexecon Senior Consultant Dr. Jonathan Arnold was also retained as an economic expert and provided testimony on Corning’s domestic industry in a separate glass-composition patent case before the ITC (USITC Inv. No. 337-TA-1441). The ITC’s Initial Determination in that patents case found that IRICO infringed Corning’s asserted patents and that the patents are valid and recommended a Limited Exclusion Order against IRICO.

Professor Fischel and Dr. Arnold were supported by a Compass Lexecon team that included Rajiv Gokhale, Constance Kelly, Andrew Linde, Nabila Lotayef, and Heidi Luu.

Compass Lexecon worked closely with Corning’s outside counsel, John Thorne, Gregory G. Rapawy, Ashle Holman, Matthew N. Drecun, and others at Kellogg, Hansen, Todd, Figel & Frederick, PLLC and Jessica C. Hill, Christine Smith, and others at Covington & Burling LLP, during the investigations.