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	<title>California International Business Report &#187; Legal and Criminal Issues</title>
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	<link>http://www.CALTRADE.com/news</link>
	<description>An exploration of California's place in the world</description>
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		<title>Silicon Valley Engineers Sentenced For Economic Espionage</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/silicon-valley-engineers-to-be-sentenced-for-economic-espionage/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/silicon-valley-engineers-to-be-sentenced-for-economic-espionage/#comments</comments>
		<pubDate>Mon, 24 Nov 2008 05:58:28 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[China]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/?p=765</guid>
		<description><![CDATA[Two Engineers from China have been sentenced to a year in prison after pleading guilty to economic espionage against the United States.  The two men  – Fei Ye, a citizen of the U.S., and Ming Zhong, a permanent U.S. resident – were facing a maximum of 30 years in prison after confessing to [...]]]></description>
			<content:encoded><![CDATA[<p>Two Engineers from China have been sentenced to a year in prison after pleading guilty to economic espionage against the United States.  The two men  – Fei Ye, a citizen of the U.S., and Ming Zhong, a permanent U.S. resident – were facing a maximum of 30 years in prison after confessing to stealing microprocessor designs from their Silicon Valley employers in 2006.  They had planned to smuggle the designs to China to launch a government-sponsored startup company there.   Their guilty pleas were the first convictions for the most serious crime under the 1996 Economic Espionage Act.   Prosecutors asked for a lenient sentence because the men cooperated with investigators &#8211; both apologized in court.</p>
<p>Unlike traditional industrial espionage economic espionage means that someone acted to benefit a foreign government and is a more serious crime.  Only a few economic espionage cases have been resulted in convictions, mostlybecause it&#8217;s difficult to prove a person was acting to benefit a foreign nation.  The case against Ye and Zhong began seven years ago, when they were arrested at San Francisco International Airport while attempting to board a flight to China.  Their luggage was allegedly full of sensitive documents on chip designs taken illegally from four Silicon Valley tech firms who had employed the engineers.  The companies include NEC Electronics Corp., Sun Microsystems Inc., Transmeta Corp. and Trident Microsystems Inc.  Both had worked at Transmeta and Trident, while Ye had also worked at Sun and NEC.  Other documents seized by authorities allegedly demonstrate the engineers were attempting to solicit money from Chinese government agencies to fund a startup firm.</p>
<p>Prosecutors say the documents showed that Ye and Zhong were promoting the startup as something that would elevate China&#8217;s chip-making capabilities, however, the documents do not confirm the Chinese government was aware that the chip designs were stolen.</p>
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		<title>California gets most Internet fraud complaints</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/california-top-for-internet-fraude-complaints/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/california-top-for-internet-fraude-complaints/#comments</comments>
		<pubDate>Fri, 15 Aug 2008 22:13:00 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/california-top-for-internet-fraude-complaints/</guid>
		<description><![CDATA[As reported in Legal Newsline:
Californians are the most frequent victims of Internet crime and
complaints according to a new Federal Trade Commission report that
stems from data provided by the attorney general&#8217;s office.
California
collected 8,622 individual complaints on Internet-related fraud in
2007, according to a story first reported by the San Jose Mercury News.
The amount of complaints far exceeds [...]]]></description>
			<content:encoded><![CDATA[<p>As reported in <a href="http://www.legalnewsline.com/news/214856-california-tops-in-internet-complaints">Legal Newsline</a>:</p>
<blockquote><p>Californians are the most frequent victims of Internet crime and<br />
complaints according to a new Federal Trade Commission report that<br />
stems from data provided by the attorney general&#8217;s office.</p>
<p>California<br />
collected 8,622 individual complaints on Internet-related fraud in<br />
2007, according to a story first reported by the San Jose Mercury News.<br />
The amount of complaints far exceeds all other states, including<br />
runner-up New York that had slightly more than half the number of<br />
complaints as California.</p>
<p>According to data from the California<br />
attorney general&#8217;s office, complaints were filed over a diverse number<br />
of reasons including identity theft, spam, disputes with service<br />
providers and e-mail scams designed to discover personal information. </p>
<p>In<br />
2007, the FTC report said nearly a quarter of a million complaints were<br />
lodged nationwide, the Center for Democracy and Technology said. </p>
<p>Most<br />
states have neglected to bring significant cases as a result of these<br />
complaints, the press release states, with most of the cases brought by<br />
attorneys general focused on sexual enticement of minors and child<br />
pornography.</p>
<p>&#8220;These numbers are startling, but they may even<br />
understate the problem,&#8221; said Reece Rushing, director of regulatory and<br />
information policy at the Center for American Progress. &#8220;Consumers are<br />
often unaware, and thus may not report, when they are victimized by<br />
online threats such as spyware or phishing. We must take action against<br />
these threats to protect consumers and preserve confidence in Internet<br />
commerce.&#8221;</p></blockquote>
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		<title>Craigslist charges eBay with corporate espionage</title>
		<link>http://www.CALTRADE.com/news/industries/internet/craigslist-charges-ebay-with-corporate-espionage/</link>
		<comments>http://www.CALTRADE.com/news/industries/internet/craigslist-charges-ebay-with-corporate-espionage/#comments</comments>
		<pubDate>Tue, 20 May 2008 03:30:08 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>
		<category><![CDATA[Mergers and Acquisitions]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/industries/internet/craigslist-charges-ebay-with-corporate-espionage/</guid>
		<description><![CDATA[Two California-based Internet icons- Craigslist and eBay have become involved in a bitter legal dispute.   Ebay, which owns about 28 percent of Craigslist, fired the first salvo by filing suit in Delaware state court that that accused Craigslist of discriminating against eBay as a shareholder and using &#8220;clandestine meetings&#8221; to dilute eBay&#8217;s ownership [...]]]></description>
			<content:encoded><![CDATA[<div style=''>Two California-based Internet icons- Craigslist and eBay have become involved in a bitter legal dispute.   Ebay, which owns about 28 percent of Craigslist, fired the first salvo by filing suit in Delaware state court that that accused Craigslist of discriminating against eBay as a shareholder and using &#8220;clandestine meetings&#8221; to dilute eBay&#8217;s ownership stake.  Craigslist has now filed a countersuit charging that eBay used its position to gather competitive information that was used to help lauch Kijiji, which many consider to be a direct competitor to Craigslist.  The complaint charges that eBay code-named this its &#8220;Craigslist killer&#8221; in internal strategy discussions.  Craigslist&#8217;s also alleges a plot by  eBay to use its position as a minority shareholder and its position on the board to pressure Craigslist into a full-scale acquisition deal by eBay.  &#8220;In the months leading up to the launch of its competing Kijiji site &#8230; eBay used its shareholder status to plant on Craigslist&#8217;s board of directors the individual responsible for launching and/or operating Kijiji,&#8221; the suit alleges.  &#8220;Using the pretext that the information was necessary for Craigslist board-related matters, eBay made constant demands for confidential information in excess of what was required for that purpose&#8221;.</div>
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		<title>Long Beach customs agents seize 18,560 pairs of fake shoes</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/long-beach-customs-agents-seize-18560-pairs-of-fake-shoes/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/long-beach-customs-agents-seize-18560-pairs-of-fake-shoes/#comments</comments>
		<pubDate>Sun, 11 May 2008 04:17:00 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[California Ports]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/long-beach-customs-agents-seize-18560-pairs-of-fake-shoes/</guid>
		<description><![CDATA[U.S. Customs and Border Protection officers discovered 18,560 pairs of fake Nike sneakers inside two shipping containers that arrived from China, Associated Press has reported.  The ship&#8217;s manifest listed the containers as holding drainage pipeline fittings, but when officers at the Port of Long Beach opened them they found the shoes instead.  â€œThe [...]]]></description>
			<content:encoded><![CDATA[<div style=''>U.S. Customs and Border Protection officers discovered 18,560 pairs of fake Nike sneakers inside two shipping containers that arrived from China, Associated Press has reported.  The ship&#8217;s manifest listed the containers as holding drainage pipeline fittings, but when officers at the Port of Long Beach opened them they found the shoes instead.  â€œThe average consumer who walks into a store I think would be fooled by them,â€ said Bonnie Lemert, U.S. Customs and Border Protection acting port director for the Los Angeles/Long Beach Seaport.  So far this year, the customs agency has seized at least eight containers of footwear, mostly the Nike brand, said the federal agency&#8217;s spokesman Mike Fleming.  Last year, agents seized $20.6 million dollars of counterfeit merchandise, and 80 percent of the fakes come from China, authorities said.</div>
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		<title>Two arrested for attempting illegal camera exports from LAX</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/two-arrested-for-attempting-illegal-camera-exports-from-lax/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/two-arrested-for-attempting-illegal-camera-exports-from-lax/#comments</comments>
		<pubDate>Wed, 09 Apr 2008 04:41:05 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[China]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/two-arrested-for-attempting-illegal-camera-exports-from-lax/</guid>
		<description><![CDATA[Two men stopped from boarding a plane to China were charged with trying to illegally export sensitive infrared cameras that authorities say are restricted because of their potential military uses.  As reported in the San Francisco Chronicle: 
Beijing residents Zhi Yong Guo, 49, and Tah Wei Chao, 52, were named in a criminal complaint [...]]]></description>
			<content:encoded><![CDATA[<p>Two men stopped from boarding a plane to China were charged with trying to illegally export sensitive infrared cameras that authorities say are restricted because of their potential military uses.  As reported in the San Francisco Chronicle: </p>
<blockquote><p>Beijing residents Zhi Yong Guo, 49, and Tah Wei Chao, 52, were named in a criminal complaint alleging they knowingly exported or attempted to export restricted items without a license, the U.S. attorney&#8217;s office said.</p>
<p>Prosecutors said both men were a flight risk and asked that they be held without bail. Both were scheduled to be arraigned on April 28.  Chao&#8217;s attorney Richard Goldman said he did not yet know how his client planned to plead.  &#8220;I believe in the presumption of innocence,&#8221; Goldman said..</p>
<p>Guo and Chao each face up to 20 years in federal prison if convicted.  The men were arrested Saturday at Los Angeles International Airport after they tried to board a plane to China with 10 thermal imaging cameras in their luggage without the proper export licenses, the government said.</p>
<p>The cameras, which are primarily used by law enforcement, fire departments and the military, are carefully controlled for national security reasons, and are treated as munitions under the International Trafficking in Arms Regulations. They produce heat-based images invisible to the naked eye.</p>
<p>Federal authorities had been investigating the men since last August, when an Oregon-based company informed them of an order for three of the cameras from a new customer â€” Printing Plus Graphics of San Gabriel, Calif., according to an affidavit from Special Agent Steve Huerta of the Department of Commerce.  The company, Flir Systems of Wilsonville, Oregon, repeatedly warned the customers that they could not export the cameras without a license, and shared Chao&#8217;s e-mail address and other documents with authorities.</p></blockquote>
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		<title>Tech Worker admits stealing trade secrets for foreign sale</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/tech-worker-admits-stealing-trade-secrets-for-foreign-sale/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/tech-worker-admits-stealing-trade-secrets-for-foreign-sale/#comments</comments>
		<pubDate>Tue, 04 Mar 2008 05:08:37 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/tech-worker-admits-stealing-trade-secrets-for-foreign-sale/</guid>
		<description><![CDATA[As reported in Sacramento Business Journal: 
An El Dorado Hills technology worker accused of stealing trade secrets with military applications and offering them to foreign buyers for six figures in cash entered a guilty plea in Sacramento Friday, prosecutors said.    Allen Cotten, 53, pleaded guilty to theft of trade secrets in U.S. [...]]]></description>
			<content:encoded><![CDATA[<p>As reported in Sacramento Business Journal: </p>
<blockquote><p>An El Dorado Hills technology worker accused of stealing trade secrets with military applications and offering them to foreign buyers for six figures in cash entered a guilty plea in Sacramento Friday, prosecutors said.    Allen Cotten, 53, pleaded guilty to theft of trade secrets in U.S. District Court and admitted to a two-year scheme to steal and sell microwave technology, the local U.S. Attorney&#8217;s office said in a news release. He faces up to 10 years in prison and a $250,000 fine.</p>
<p>Assistant U.S. Attorney Anne Pings said Cotten worked for Genesis Microwave Inc. in El Dorado Hills, and admitted that beginning in February 2004 he began to steal plans, designs, parts and specifications for components known as logarithmic video amplifiers. The technology has military applications for radar jamming, guidance, countermeasures and locating enemy signals during combat.</p>
<p>Cotten sold trade secrets and offered them for sale to foreign governments and foreign military contractors through February 2006, prosecutors said; evidence and Cotten&#8217;s statements indicated he sold or was seeking to sell parts and information for a total amount of $250,000.  The case was the product of an investigation by the FBI and the U.S. Department of Commerce&#8217;s Bureau of Industry and Security.</p></blockquote>
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		<title>EU raids Intel&#8217;s German office</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/eu-raids-intels-german-office/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/eu-raids-intels-german-office/#comments</comments>
		<pubDate>Wed, 13 Feb 2008 07:18:40 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[Germany]]></category>
		<category><![CDATA[Information Technology]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/eu-raids-intels-german-office/</guid>
		<description><![CDATA[European regulators raided the German office of Intel Corp. as part of antitrust investigation into possible anticompetitive practices, according to a report in Silicon Valley / San Jose Business Journal.  Santa Clara-based Intel said the EU raided its offices in Munich, and said it is cooperating with the investigation.  The Wall Street Journal [...]]]></description>
			<content:encoded><![CDATA[<p>European regulators raided the German office of Intel Corp. as part of antitrust investigation into possible anticompetitive practices, according to a report in Silicon Valley / San Jose Business Journal.  Santa Clara-based Intel said the EU raided its offices in Munich, and said it is cooperating with the investigation.  The Wall Street Journal reported that German conglomerate Metro AG confirmed that the EU also raided its computer sales businesses Media Markt and Saturn Holding GmbH.  In July, the EU charged Intel with conducting illegal competition against rival Sunnyvale-based Advanced Micro Devices Inc.  by offering computer hardware manufacturers rebates, discounts and cash.  The Journal said AMD has a separate case against Media Markt that accuses the retailer of only selling Intel-based PCs.  Intel is due to appear in Brussels for a hearing on the issue in March, and the company also faces a similar probe in New York by the State Attorney General&#8217;s office.</p>
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		<title>Federal Authorities Raid San Fernando Valley firm</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/federal-authorities-raid-san-fernando-valley-firm/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/federal-authorities-raid-san-fernando-valley-firm/#comments</comments>
		<pubDate>Mon, 11 Feb 2008 07:09:41 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[Immigration]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>
		<category><![CDATA[U.S. Government]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/federal-authorities-raid-san-fernando-valley-firm/</guid>
		<description><![CDATA[More than 100 U.S. Immigration and Customs Enforcement agents raided a printer supply manufacturer in the San Fernando Valley on Thursday, taking into custody about 120 employees for being in the country illegally and arresting eight on federal criminal charges, according to a report in Associated Press.   The raid at the offices of [...]]]></description>
			<content:encoded><![CDATA[<p>More than 100 U.S. Immigration and Customs Enforcement agents raided a printer supply manufacturer in the San Fernando Valley on Thursday, taking into custody about 120 employees for being in the country illegally and arresting eight on federal criminal charges, according to a report in Associated Press.   The raid at the offices of Micro Solutions Enterprises began around 3:30 p.m., said Virginia Kice, an ICE spokeswoman, who said the basis for the criminal warrant that led to the raid was under seal.   The eight people were arrested for allegedly providing fraudulent information to get their jobs, Kice said.  All of the 120 people taken into custody for illegal immigration status were interviewed for what Kice called &#8220;humanitarian issues.&#8221; About 40, including the elderly and those with children, were released to await a hearing before an immigration judge, Kice said.</p>
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		<title>Anonymous poster does not have to reveal identity</title>
		<link>http://www.CALTRADE.com/news/industries/internet/anonymous-poster-does-not-have-to-reveal-identity/</link>
		<comments>http://www.CALTRADE.com/news/industries/internet/anonymous-poster-does-not-have-to-reveal-identity/#comments</comments>
		<pubDate>Mon, 11 Feb 2008 06:20:05 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[Internet]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/industries/internet/anonymous-poster-does-not-have-to-reveal-identity/</guid>
		<description><![CDATA[A California appeals court on Wednesday said an anonymous Internet poster does not have to reveal his identity after being sued for making &#8220;scathing verbal attacks&#8221; against executives at a Florida company on a Yahoo message board, according to a report in ZDnet.  The Sixth Appellate District in Santa Clara County reversed a trial [...]]]></description>
			<content:encoded><![CDATA[<p>A California appeals court on Wednesday said an anonymous Internet poster does not have to reveal his identity after being sued for making &#8220;scathing verbal attacks&#8221; against executives at a Florida company on a Yahoo message board, according to a report in ZDnet.  The Sixth Appellate District in Santa Clara County reversed a trial court ruling that would have allowed a former executive at SFBC International to subpoena Yahoo for the names of her critics.  The appeal was filed by a poster whose screen name includes a Spanish expletive but who is known as &#8220;Doe 6&#8243; in the lawsuit filed by former SFBC Chairman and COO Lisa Krinsky in 2006.  Krinsky accuses Doe 6 and nine other Yahoo Finance posters of libel, fraud, and other claims arising from posts they made about her while she was a company officer.  The appellate court concluded that while Doe 6&#8217;s messages were &#8220;unquestionably offensive and demeaning,&#8221; they could not be counted as defamation since they could not be considered assertions of fact.  Without a cause of action, Krinsky could not overcome Doe 6&#8217;s First Amendment right to speak anonymously on the Internet, the court said.  The decade-old controversy over pseudonymous posting in chat rooms took a major twist last July when the U.S. regulators revealed that Whole Foods Market CEO John Mackey had been posting in Yahoo Finance under a fake name for several years.  His messages boosted his own company&#8217;s strategy and denigrated those of rival supermarket chain Wild Oats, which Whole Foods later sought to acquire.</p>
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		<title>Applied Materials sues Chinese chip-equipment maker</title>
		<link>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/applied-materials-sues-chinese-chip-equipment-maker/</link>
		<comments>http://www.CALTRADE.com/news/business-news/legal-and-criminal-issues/applied-materials-sues-chinese-chip-equipment-maker/#comments</comments>
		<pubDate>Wed, 02 Jan 2008 04:57:04 +0000</pubDate>
		<dc:creator>editor</dc:creator>
				<category><![CDATA[China]]></category>
		<category><![CDATA[Information Technology]]></category>
		<category><![CDATA[Legal and Criminal Issues]]></category>

		<guid isPermaLink="false">http://www.CALTRADE.com/news/industries/information-technology/applied-materials-sues-chinese-chip-equipment-maker/</guid>
		<description><![CDATA[InfoWorld reports: 
Advanced Micro-Fabrication Equipment (AMEC), of Shanghai, was sued in California by Applied Materials, which claims the company misappropriated its trade secrets. But lawyers for the Chinese company asked the judge to dismiss the suit, arguing the U.S. court has no jurisdiction over AMEC&#8217;s activities.  AMEC&#8217;s motion for dismissal will be heard by [...]]]></description>
			<content:encoded><![CDATA[<p>InfoWorld reports: </p>
<blockquote><p>Advanced Micro-Fabrication Equipment (AMEC), of Shanghai, was sued in California by Applied Materials, which claims the company misappropriated its trade secrets. But lawyers for the Chinese company asked the judge to dismiss the suit, arguing the U.S. court has no jurisdiction over AMEC&#8217;s activities.  AMEC&#8217;s motion for dismissal will be heard by Judge James Ware of the U.S. District Court for the Northern District of California, on Feb. 11.</p>
<p>Applied&#8217;s lawsuit, filed in October and amended last month, claims AMEC used its trade secrets to develop etch and CVD (Chemical Vapor Deposit) tools that are used to make chips. AMEC&#8217;s tools will compete against similar products from Applied, which cost millions of dollars each. Applied is seeking an injunction from the court to prevent the misappropriation of its trade secrets and wants punitive damages as well as a declaration that it owns patent applications recently filed by AMEC&#8230;. </p>
<p>In response, AMEC&#8217;s motion to dismiss argues that the U.S. court has no jurisdiction over the Chinese company.  &#8220;In this case, there is no jurisdiction over AMEC Inc., because the allegations of the (amended complaint) relate exclusively to actions that took place in China. None of Applied&#8217;s claims arises out of allegations concerning contact with California,&#8221; the motion said, adding any legal action by Applied against AMEC should be heard in a Chinese court instead. </p></blockquote>
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