ITC 337 Investigations
An increasing number of 337 investigations are being filed at the International Trade Commission (ITC). While the majority of those investigations involve allegations relating to patent or trademark infringement, the ITC is also becoming an effective forum for litigating disputes stemming from claims of trade secret misappropriation, false advertising, and even antitrust issues. A detailed understanding of the economic considerations underlying a 337 investigation is critical to ensuring a successful result. From establishing the threshold domestic industry requirement to examining potential remedies, bond amounts and the impact of an exclusion order on the public interest, each case requires careful evaluation of a wide variety of economic issues that can directly impact the outcome of an investigation.
Ocean Tomo’s financial experts have significant experience with 337 investigations involving issues of patent infringement, trademark infringement and trade secret misappropriation. Our experts go beyond a simple accounting to gain a comprehensive understanding of industry considerations that may bear on issues such as the significance of domestic investments, the applicability of potential remedies, or the impact of an exclusion order on the public interest. We have assisted counsel in every stage of a 337 investigation, from acquiring products and evaluating domestic industry and public interest considerations prior to filing, through assisting with settlement negotiations prior to the issuance of a Final Determination.
In connection with our work in 377 investigations, our experts have gained significant experience evaluating issues relating to the economic prong of domestic industry, general exclusion orders, commercial significance of inventories, bond amounts, economic harm, commercial success, licensing issues, and public interest considerations. The scope and breadth of Ocean Tomo’s experience with 337 investigations is reflected in the number of investigations it has been involved with and the variety of issues on which it has opined.