Foreign Abuse of U.S. Courts

US-China Technology CompetitionHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet · July 22, 2025 · 119th Congress
The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held this hearing to examine allegations that Chinese state-linked entities and the Chinese Communist Party exploit U.S. Begins at ▶ 0:24:58
Transcript
Highlights

Title

Foreign abuse of U.S. courts by Chinese-linked litigants

Purpose

The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held this hearing to examine allegations that Chinese state-linked entities and the Chinese Communist Party exploit U.S. courts, patent and trademark systems, and litigation-funding rules to harm American companies and dissidents. Witnesses discussed proposed transparency and reform measures — including third-party litigation funding disclosure, tightened foreign-judgment enforcement, and stronger customs anti-fraud tools — alongside sharp partisan disagreement over whether such reforms would restrict fair court access. Begins at▶ 0:24:58

Who spoke

• Chairman Darrell Issa (R-CA)▶ 0:24:58: Opened by describing CCP "legal warfare" against U.S. courts, patents, and trademarks▶ 0:25:43, called for disclosure of true litigant funding sources including shell companies and third-party litigation funders▶ 0:27:38, and in closing pressed panelists on whether disclosure requirements (Rule 26, Rule 11 sanctions) have ever chilled access to courts▶ 1:59:42▶ 2:01:17.

• Rep. Hank Johnson (D-GA), Ranking Member▶ 0:31:50: Warned the hearing could be a "Trojan horse" for a Republican tort-reform agenda disguised as China policy, citing prior partisan bill Preventing Adversarial Patents Act▶ 0:33:24; argued restricting court access would favor "oligarchs" over ordinary litigants▶ 0:35:06; later questioned witnesses on politicization of U.S. courts under the Trump administration▶ 1:20:14.

• Rep. Jamie Raskin (D-MD), Ranking Member of full committee▶ 0:37:25: Criticized Trump's relationships with Putin and Xi and administration cuts to counter-disinformation programs (Foreign Influence Task Force, Global Engagement Center)▶ 0:38:39; raised the withheld Epstein files▶ 0:40:30; later probed Professor deLisle on Chinese "telephone justice," academic intimidation, and the doctrine of true conflict▶ 1:31:08▶ 1:35:36.

• Ms. Emily de La Bruyère, Horizon Advisory / FDD▶ 0:50:55: Testified Beijing "competes with co-option, not confrontation," using SLAPP suits to silence critics and IP lawsuits to extract technology via discovery▶ 0:52:08; recommended higher pleading standards and disclosure requirements for Chinese-funded litigants▶ 0:54:24; later linked litigation funding to CCP evasion of semiconductor export controls▶ 1:47:59.

• Mr. Julian Ku, Hofstra Law professor▶ 0:55:50: Described "asymmetric lawfare," citing the Nassau County case of Uyghur activist Ma (a $12.5 million Chinese judgment enforced against him)▶ 0:57:35 and the Stanford Hoover Institution diaries case involving Li Rui's widow▶ 0:58:47; proposed reciprocity requirements for enforcing foreign judgments▶ 1:00:38; discussed excluding IP licensing from sanctions and reversing the burden of proof for judgments from countries of concern▶ 1:26:24▶ 1:54:03.

• Mr. Bradford Muller, Charlotte Pipe and Foundry▶ 1:01:25: Said Commerce found Chinese cast-iron pipe undersold at up to 345% below fair value and fittings at up to 494%▶ 1:02:04; testified the company has lost over $44 million to duty evasion and spent $7 million fighting trade fraud▶ 1:04:46; described trademark theft of the Charlotte Pipe brand in China and Singapore, still unresolved in Beijing courts▶ 1:45:09; backed the Fighting Trade Cheats Act and a DOJ trade-fraud unit▶ 1:13:32.

• Mr. Jacques deLisle, University of Pennsylvania▶ 1:06:37: Distinguished "abuse" (targeting dissidents/rivals) from "avoidance of accountability" in Chinese use of U.S. courts▶ 1:07:09; argued existing tools (Rule 11 sanctions, forum non conveniens, blocking-statute rejection) are better suited than broad-brush measures▶ 1:08:48; warned broad restrictions risk due-process problems and a "spiral" of retaliation▶ 1:11:28; later discussed Penn's Chinese funding and academic pressures in China▶ 2:06:44.

• Rep. Tim Moore (R-NC)▶ 0:45:13: Introduced witness Bradford Muller, describing Charlotte Pipe and Foundry's history and Muller's USAID background▶ 0:45:23.

• Rep. Jim Jordan (R-OH), Chairman of full committee▶ 1:13:02: Asked Muller which legislative proposals could protect industries like his▶ 1:13:32 and asked Ku how to macro-level disincentivize CCP court abuse▶ 1:16:11.

• Rep. Scott Fitzgerald (R-WI)▶ 1:25:23: Questioned Ku on why IP rights are excluded from sanctions property restrictions▶ 1:25:57 and de La Bruyère on Huawei's roughly 3,300 active U.S. patents generating licensing revenue▶ 1:27:45.

• Rep. Ben Cline (R-VA)▶ 1:36:54: Described his Protecting Our Courts from Foreign Manipulation Act requiring disclosure of foreign litigation funders and banning sovereign wealth fund participation▶ 1:37:17; cited Westfleet data that third-party financing backs over 30% of U.S. patent litigation▶ 1:40:53.

• Rep. Deborah Ross (D-NC)▶ 1:42:03: Questioned Muller on the cost of Charlotte Pipe's anti-dumping cases (~$7 million) and the status of its Chinese trademark theft litigation▶ 1:42:51▶ 1:45:09.

• Rep. Kevin Kiley (R-CA)▶ 1:47:02: Asked about CCP evasion of semiconductor export controls▶ 1:47:29 and reciprocity in enforcing foreign judgments, including a Rule 26-style disclosure comparison with China▶ 1:49:16▶ 1:51:41.

• Rep. Ralph Norman (R-SC)▶ 1:52:50: Asked Ku about standards for reviewing foreign judgments from countries of concern and asked de La Bruyère how U.S. firms should insulate themselves from China-linked legal risk▶ 1:53:00▶ 1:57:06.

Key moments

• Chairman Issa said Chinese entities are building lookalikes of advanced U.S. technology, including a duplicate of the CERN Super Collider, before the American version is complete▶ 0:29:00.

• Ku detailed the Ma case: a Nassau County court enforced a $12.5 million Chinese judgment against a Uyghur activist despite his claim he could not defend himself before fleeing China; at least seven similar suits have been identified over six years, three under FBI investigation▶ 0:57:35▶ 0:58:02.

• Muller testified Commerce found Chinese cast-iron pipe sold up to 345% below fair value and fittings up to 494% below fair value, and that Chinese trans-shippers have evaded over $44 million in duties while his company spent $7 million fighting it▶ 1:02:04▶ 1:04:46.

• Muller said customs investigations of alleged Southeast Asian producers found "an empty warehouse, a bus stop, even a massage parlor, but no foundries"▶ 1:03:06.

• Ku and deLisle disagreed on Rule 26/foreign-disclosure comparisons: Ku called disclosure requirements "kind of boring but obvious" and unlikely to burden legitimate claims▶ 1:40:08, while deLisle warned foreign-funding disclosure targeting China would be "much messier" than standard insurance disclosure and could chill legitimate claims▶ 2:02:15.

• Chairman Issa pressed deLisle on Penn's $105 million in China-linked funding (2018–2022) and on whether Chinese courts and U.S. lifetime-appointed judges are comparably political; deLisle said the systems are not equivalent but noted "worrisome signs" in both▶ 2:06:02▶ 2:07:34.

• Raskin and deLisle drew parallels between Chinese Communist Party pressure on courts/academia and perceived U.S. political pressure on judges and universities under the Trump administration▶ 1:20:14▶ 1:32:15.

• deLisle described a "true conflict" doctrine, citing the Vitamin C antitrust litigation where Chinese law allegedly required price collusion barred by U.S. antitrust law▶ 1:35:48.

• Muller said Charlotte Pipe discovered in 2017 that a Chinese manufacturer had stolen its name and logo, with a building in Shanghai bearing the Charlotte Pipe logo; the Beijing trademark case remains stalled with no updates from Chinese counsel▶ 1:45:09▶ 1:46:04.

• de La Bruyère said Beijing consistently lobbies to build loopholes into export-control regimes and then evades them through shell companies and localization once restrictions take effect▶ 1:48:24.

Metadata

CommitteeHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet
Chamber / CongressHouse · 119th Congress
DateJuly 22, 2025
TypeHearing
Witnesses
Ms. Emily de La Bruyère — Co-founder, Horizon Advisory and Senior Fellow
Mr. Julian Ku — Maurice A. Deane Distinguished Professor of Constitutional Law
Mr. Bradford Muller — Senior Vice President
Mr. Jacques deLisle — Stephen A. Cozen Professor of Law and Political Science
Videoyoutube
Transcript317 caption blocks · 16,915 words · 2:10:09 runtime
EventCongress.gov 118511