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June 19, 2012
Article Authored by Brattle Consultants on ITC’s Domestic Industry Requirement Featured on Law360
An article authored by Brattle consultants that provides an economic view of the International Trade Commission’s (ITC) test for the establishment of a domestic industry under Section 337 of the Tariff Act of 1974 has been recently featured on Law 360. In the past year, the Commission has made refinements to the test when the only domestic activities are licensing intellectual property. In the article, the authors examine the framework set out by the Commission to better understand the economic rationale behind recent Commission decisions, including three elements by which to judge if the commercial activity of Complainants can be assessed as fostering productive use of the technology: (1) are the asserted patents connected? (2) is the commercial activity related to licensing? and (3) is the investment substantial? All these questions seek to inform the central economic rational of the expanded Section 337—is the licenser involved in economically productive, as opposed to unproductive rent-seeking, activity? The article, “An Economic View of the ITC’s Domestic Industry,” was authored by Brattle academic advisor Robert Rogowsky, associate Pallavi Seth, and principal Coleman Bazelon. To read the article in its entirety, please visit the Law360 website.