In the Matter of Certain Mobile Electronic Devices (Inv. No. 337-TA-1432)

Analysis Group was retained by Mayer Brown on behalf of Maxell, a Japanese technology company, in a Section 337 investigation before the US International Trade Commission (ITC). Maxell alleged that Samsung Electronics imported and sold smartphones and tablets that infringed several Maxell patents. Maxell sought to establish the economic prong of Section 337’s domestic industry requirement based on US investments by Motorola Mobility, a licensee of the asserted patents, in nearly two dozen Motorola smartphones identified as domestic industry products and released between 2022 and 2025.

An Analysis Group team led by Vice Presidents Andrea Hugill and Dave Maber supported Managing Principal John Jarosz, who filed an expert report and provided economic analysis and expert testimony at both deposition and the evidentiary hearing. Mr. Jarosz analyzed Motorola’s US investments in plant and equipment and its employment of labor and capital associated with domestic industry products. His work included allocating investments and employment to the domestic industry products practicing each asserted patent and providing qualitative and quantitative context regarding the significance of those investments.

Relying in significant part on Mr. Jarosz’s analysis and testimony, the presiding administrative law judge found that Maxell had satisfied the economic prong of the domestic industry requirement, concluding that the relevant US activities reflected significant investments in plant and equipment and significant employment of labor and capital related to the domestic industry products. The ALJ found one exception for the ‘103 patent under subsection (B), for which Maxell had not shown any investments; the patent had been issued only shortly before the end of the period analyzed.