ITC Section 337 Investigations

Clients engage our economic, industry, and technical experts to provide the specialized analyses required in ITC Section 337 investigations. We examine a variety of issues:

  • Economic prong of the domestic industry requirement, including analyzing complainants’ investments in plant and equipment, labor and capital, and R&D/engineering associated with patent-practicing products
  • Financial and economic analysis of respondents’ inventories of accused products as they relate to cease-and-desist orders (CDOs)
  • Analysis of economic factors relevant to the issuance of limited exclusion orders (LEOs) and general exclusion orders (GEOs)
  • The appropriate framework for and amount of a bond, including price differential and reasonable royalty analyses
  • Assessments of injury or threat of injury (e.g., lost sales, price erosion, harm to customer relationships, damage to goodwill/reputation)
  • Public interest considerations, including the impacts of the proposed remedy on public health and welfare, on US consumers, and on competitive conditions in the marketplace
  • Commercial success of the at-issue technology

We have worked extensively with both complainants and respondents in Section 337 investigations involving claims of patent infringement, misappropriation of trade secrets, unfair competition, and false advertising, as well as trademark and trade dress claims. We often are involved in all phases of an investigation, including initial data gathering and evaluation in preparation for complaint filing, assistance with fact discovery, preparation of expert reports, provision of expert testimony at deposition and at evidentiary hearing, and rebuttal of opposing experts’ reports.