The Mercury News

Engineer gave trade secrets to Chinese firm

Company hit with $66M in damages denies theft, says it will appeal verdict

- By Ethan Baron ebaron@bayareanew­sgroup.com

Developmen­t engineer Gangyi Chen stole trade secrets from a San Jose technology company and brought them to a Chinese firm, according to a Silicon Valley jury that ordered the payment of $66 million in damages to his former employer.

Chen, a Chinese citizen with a UCLA Ph.D., was working for Lumileds, a San Jose company making LED lighting, when he was recruited by publicly traded Chinese electronic­s company Elec-Tech Internatio­nal, according to a lawsuit filed by Lumileds. Chen signed an employment contract with ETI before leaving Lumileds — and days before he left, smuggled out thousands of files containing company secrets, according to the suit.

A law firm representi­ng Chen

and ETI said the jury’s verdict was disappoint­ing, but that they would appeal.

“As we asserted during the trial, Elec-Tech independen­tly developed its own process for LEDs and never took, nor used any of Lumileds’ technology,” law firm Jeffer Mangels Butler & Mitchell said in a statement.

“Further, the technology they asserted in this case is all generally known and cannot be claimed to be proprietar­y in any way.”

Chen, after quitting ETI in 2012, moved back to China, bringing the secrets with him and receiving a significan­t career boost, the suit claimed.

“Though employed as a research engineer at Lumileds, since starting his employment with ETI, Chen has been promoted to vice president and is one of the most senior executives of the company,” the suit claimed. “He is one of ETI’s highest-paid executives.”

In its verdict delivered

Friday, the jury found that Chen, who worked at Lumileds from January 2005 to June 2012, had misappropr­iated Lumileds’ secrets and that ETI had used them. Chen started at Lumileds the year after receiving a PhD in chemical engineerin­g from UCLA, according to Lumileds’ suit for theft

of trade secrets against Chen and ETI, filed in Santa Clara County Superior Court in San Jose.

Chen’s recruitmen­t at ETI was part of a larger campaign to pilfer employees — and intellectu­al property — from Lumileds, the suit claimed. “Several employees recruited from Lumileds were fired or resigned within months of joining, after they refused to share trade secrets of Lumileds,” the suit alleged.

Lumileds’ legal action against ETI and Chen in state court followed an unsuccessf­ul federal-court lawsuit in 2014. A judge found Lumileds’ case, which was brought under the Computer Fraud and Abuse Act, was not covered by it.

 ?? LUMILEDS ?? An engineer smuggled out thousands of files containing secrets from Lumileds, which makes these LED lights.
LUMILEDS An engineer smuggled out thousands of files containing secrets from Lumileds, which makes these LED lights.

Newspapers in English

Newspapers from United States