; and (B) is not immune from the jurisdiction of the Federal court pursuant to section 1605(a)(2) of title 28, United States Code; and (2) setting forth sufficient evidence to establish a reasonable inference that the defendant has violated subsection (a). (d) Court determination leading to evidentiary burden shifting to defendant If a Federal court finds that a plaintiff has met its burden of proof under subsection (c), the court may determine that— (1) the plaintiff has established a prima facie case that the conduct of the defendant is in violation of subsection (a); and (2) the defendant has the burden of rebutting such case by establishing that the defendant is not in violation of subsection (a). (e) Filing of amicus briefs by the Department of State and Department of Justice regarding international comity and harm to competition (1) In general For the purposes of considering questions of international comity with respect to making decisions regarding commercial activity and the scope of applicable sovereign immunity, the Federal court may receive and consider relevant amicus briefs filed by the Secretary of State. (2) Attorney General For the purposes of considering questions regarding assessing potential harm to competition, the Federal court may receive and consider relevant amicus briefs filed by the Attorney General. (3) Savings provision Nothing in paragraph (1) may be construed to limit the ability of the Federal court to receive and consider any other amicus briefs. 502. Expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles (a) In general Section 1832(a) of title 18, United States Code, is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (2) by inserting after paragraph (3) the following: (4) without authorization modifies or develops a product or digital article that could not have been modified or developed in the same way without access to such information;