Intellectual Property

Liability and damages analyses in intellectual property litigation, and valuation

International Trade Commission (ITC) Litigation

The International Trade Commission (ITC) has become an increasingly popular venue for patent infringement litigation. Since permanent injunctions are no longer automatic in district court patent infringement cases, more companies seeking to halt importing infringers have turned to the ITC for relief. In fact, ITC investigations have more than doubled since 1997.

Analysis Group has provided expert testimony on economic issues in numerous high-profile matters before the ITC, including the Broadcom v. Qualcomm (Inv. No. 337-TA-543) litigation.

Economic, financial, and industry analysis can be critical in Section 337 proceedings, where the available remedies are import restrictions and not money damages.

We have conducted economic and financial analysis related to the scope and nature of remedy, domestic industry requirements, and additional areas including:

  • Alleged anti-competitive behavior
  • Commercial success
  • Respondent’s bond
  • Fair, Reasonable, and Non-Discriminatory (FRAND) terms analysis