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March 20, 2013
Brattle Economists Analyze Impact of Import Restriction on the U.S. Public Interest in High Profile Section 337 Investigation

On March 4, 2013 the U.S. International Trade Commission (ITC) issued the public version of its opinion in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781). The opinion affirmed ALJ Shaw’s Initial Determination (ID), which found there was no violation of section 337, and terminated the investigation. In this high-profile matter, which attracted the interest of U.S. Senators and Representatives, as well as garnered significant news coverage, The Brattle Group was retained by Counsel for Respondents, Intel, Apple, and Hewlett-Packard to analyze the impact of the proposed remedy on the U.S. public interest. Nobel Laureate Professor Joseph E. Stiglitz provided expert testimony in this matter. Professor Stiglitz authored numerous expert reports in addition to providing deposition and trial testimony, throughout all of which he was supported by economists at The Brattle Group. Brattle consultants Dr. Michael Cragg and Dr. Pallavi Seth led the effort. Respondents and OUII Staff took the position that the proposed remedy would raise significant public interest concerns. ALJ Shaw, in his ID, thoroughly examined these concerns and concluded that based on the evidence “the arguments of the Respondents and Staff had merit.” He recommended that should the Commission find a violation of section 337 and an exclusion order was warranted, the Commission should tailor the remedy to mitigate harm to the public interest. The Brattle Group has been involved in numerous section 337 investigations in recent years. Our expertise benefits from the extensive institutional knowledge necessary for developing testimony and analysis in this specialized forum, coupled with relevant technical skills spanning our Intellectual Property, International Trade, and Telecommunications practices. Brattle testifying experts include leading academics and industry experts, as well as a former Chief Economist and Director of Operations at the ITC.