Skip to Main Content

Section 337 Litigation at the ITC

For Section 337 cases at the ITC, Brattle provides the advantageous combination of deep institutional knowledge and diverse industry experience with rigorous and innovative financial, accounting, and economic analysis. We have extensive experience working on these fast-paced, high-stakes cases and have handled the full range of economic issues across a variety of industries.

Economists at Brattle are thought leaders in the area of Section 337 litigation with several publications that apply economic principals to policy objectives to further clarify how the ITC can further its intellectual property policy objectives. As a result of our policy conscious approach, our rigorous and innovative economic analyses have played a key role in numerous high-profile cases and landmark decisions.

We have assisted counsel for leading technology companies, including Samsung, Apple, Intel, Hewlett Packard, Nokia, Sony, Macronix, and Garmin. Our analyses have covered numerous products, including heavy machinery, semiconductors, flash memory devices, liquid crystal display panels, navigation devices, and medical devices, as well as consumer products such as refrigerators, televisions, smartphones, Blu-ray players, computers, and automobiles.

Areas of Expertise

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Section 337 Litigation at the ITC practice.

Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922) and Certain Non-Volatile Memory Chips and Products Containing the Same (Inv. No. 337-TA-916)
Brattle economists assisted counsel for Macronix as complainant and respondent, respectively, in investigations concerning non-volatile memory, such as Flash memory. We prepared and submitted several direct and rebuttal expert reports evaluating domestic investments related to the asserted patents, EPROMs factors to determine whether the proposed remedy should be extended to downstream products, nature of remedy, propriety and scope of cease and desist orders, propriety and amount of bond, and impact of any remedial orders on the U.S. public interest. A Brattle economist provided deposition testimony.
Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same (Inv. No. 337-TA-971)

Brattle assisted counsel for Sizewise et al. as respondent in an investigation concerning air mattress systems. We submitted an expert report analyzing the propriety and scope of a cease and desist order, propriety and amount of bond, and the four public interest factors to evaluate the impact of the proposed remedy on certain medical products. A Brattle economist provided deposition and hearing testimony at the ITC.

Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905)
On behalf of respondents, Nokia, Sony, Samsung, and ZTE, Brattle economists prepared an expert report evaluating Pragmatus’ alleged domestic investments in exploiting the asserted patents, particularly in light of the Multimedia Display Decision.
Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887)
Brattle economists assisted counsel for complainant, Manitowoc, in an investigation concerning crawler cranes. We submitted an expert report evaluating Manitowoc’s domestic investments related to the asserted patents and the extent to which misappropriation of trade secrets by the respondent, Sany, had led to or were likely to lead to loss of sales, revenue and market position, damage to reputation and price erosion within the domestic industry for crawler cranes. The ALJ granted a motion for summary determination, finding that Manitowoc had shown that actions by Sany had injured or threated to injure the domestic crawler crane industry. In its opinion, the Commission affirmed related parts of the ALJ’s ID and issued a cease and desist order against Sany with respect to the asserted trade secrets for 10 years.
Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players and Televisions, and Components Thereof (Inv. No. 337-TA-862)
Brattle economists assisted counsel for Samsung as respondent in an investigation concerning electronic devices. We submitted a rebuttal expert report evaluating Ericsson’s alleged domestic investments in exploiting the asserted patents, in light of the Multimedia Display Decision.
Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781)
On behalf of respondents, Intel, HP, and Apple, over patents related to energy-conditioning architecture for microprocessors, Brattle prepared an expert report analyzing the four public interest factors to evaluate the impact of the proposed remedy on the U.S. public interest. Nobel Prize Laureate Dr. Joseph E. Stiglitz provided an expert report as well as deposition and hearing testimony in this matter.
Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-694)
Counsel for Garmin, the respondents in this case, retained Brattle to evaluate the economic prong of the domestic industry requirement. We submitted a rebuttal report evaluating the complainant, Pioneer’s, investment in exploiting the asserted patents. In this landmark decision, the ITC determined that Pioneer’s U.S. licensing activities were insufficient to establish domestic industry and terminated the investigation with a finding of no violation by Garmin.
Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets (Inv. No. 337-TA-543)
Brattle was retained by respondent Qualcomm during the Presidential Review period to analyze the economic effects of the exclusion order issued by the ITC banning the importation of all new wireless broadband handset models that contained Qualcomm chipsets infringing Broadcom’s asserted patents. Nobel Laureate and Brattle Principal Daniel McFadden and Berkeley Adjunct Professor Glenn Woroch submitted a paper analyzing the same.
Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963)

We assisted counsel for complainant, Jawbone, to evaluate economic injury to the domestic industry from alleged misappropriation of trade secrets by the respondent, Fitbit. We submitted an expert report evaluating the extent to which alleged misappropriation of trade secrets by Fitbit had led to or were likely to lead to economic injury to the domestic industry for activity tracking devices. A Brattle economist provided deposition and hearing testimony at the ITC.

Experts
Publications
News & Knowledge
August 24, 2017
Pallavi Seth Appointed Chair of ABA's International Trade Commission Committee

Brattle Principal Pallavi Seth has been appointed as Chair of the International Trade Commission (ITC) Committee, part of the American Bar Association’s (ABA) Section of Intellectual Property Law (ABA-IPL), for the upcoming 2017-2018 membership year.

February 11, 2016
Pallavi Seth to Present on Trade Secrets at DC Bar’s “Off the Record” Program

Brattle Senior Associate Pallavi Seth will present at the DC Bar’s “Off the Record” luncheon program, taking place on February 11, 2016 in Washington, D.C.

December 07, 2015
Brattle Economists Co-Author Article on Determining Injury from Trade Secret Misappropriation before the ITC

Brattle economists Pallavi Seth and Kevin Neels have recently written an article that examines the types of evidence required to show injury to a domestic industry from trade secret misappropriation before the U.S. International Trade Commission (ITC).

July 30, 2015
Pallavi Seth to Present on Intellectual Property and the ITC at the ABA Annual Meeting

Brattle senior associate Pallavi Seth will present on International Trade Commission (ITC) Section 337 intellectual property claims at the American Bar Association’s (ABA) Annual Meeting, taking place July 30-August 4, 2015 in Chicago, IL.