ITC Litigation

Applying economic methods to assess issues of domestic industry, public interest, and bond and remedies before the International Trade Commission.

Our experts frequently provide testimony before the International Trade Commission on economic topics relevant to the determination of whether a patent holder may exclude a potential infringer.

We provide economic analysis and testimony on domestic industry for both manufacturers and licensing entities. Assessing domestic industry requires a careful economic accounting of a complainant’s expenses to identify whether they qualify as investments in plant and equipment, employment of labor or capital, or investments in engineering or research and development. A number of new economic questions that must be answered during the course of a proceeding have been raised in recent Section 337 cases, such as:

  • What categories of a complainant’s expenses qualify as investments in plant and equipment? 
  • Were payments made directly by the complainant, or were they paid to third parties for services rendered? 

In addition, our economists often analyze economic issues of public interest, including those arising from RAND commitments, and apply economic methods to evaluate bond and cease and desist orders.

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