Intellectual Property / ITC Section 337 Litigation
Impact of Remedy on Public Interest
Overview
Engagements

Public interest factors can override the finding of a violation of Section 337 at the ITC. Upon finding a violation, the ITC considers the impact that exclusion orders would have upon 1) the public health and welfare, 2) competitive conditions in the U.S. economy, 3) the production of like or directly competitive articles in the U.S., and 4) U.S. consumers. The ITC weighs these factors against the public interest in protecting U.S. intellectual property rights by excluding infringing imports.

Given the changing economic environment in the U.S., economists must help the ITC find a more useful economic framework that addresses the loss to competition and welfare of a significant, albeit not singular, supplier in a multi-competitor market, including more creative ways to tailor a remedy to the situation. We have assisted our clients in addressing these issues using in-depth research, innovative economic modeling, and financial analysis.