Brattle Economists Analyze Domestic Industry and General Exclusion Order in a Section 337 Investigation for Electrolux

The Brattle Group was retained to analyze Electrolux and KXT’s domestic investments, as well as the barriers to and costs of entering the US market in support of a GEO. 

The US International Trade Commission (ITC) issued an order banning the importation of all refrigerator water filters that infringed on four patents that Electrolux Home Products, Inc. (Electrolux) licensed from its suppler, KX Technologies, LLC (KXT) in Certain Water Filters and Components Thereof (Inv. No. 337-TA-1126). The ITC’s general exclusion order (GEO) banned infringing water filters from any source, even infringing water filters from unnamed respondents.

GEOs offer widespread protection against the importation of counterfeit and infringing products, and are more difficult to obtain and issued less often by the ITC. Counsel for complainants Electrolux and KXT retained The Brattle Group to analyze their domestic investments, as well as the barriers to and costs of entering the US market in support of a GEO. Brattle Principal Pallavi Seth provided expert testimony in this matter, Senior Associate Brent Lutes led the team, and they were supported by Research Analyst Tyler Patterson.