International Trade
Section 337 Litigation at the ITC
Overview
Publications

The International Trade Commission's (ITC’s) fast pace and unique remedies in the form of import restrictions have made it an increasingly attractive forum, especially in areas where fast and effective relief is essential because of the rapidly changing nature of technology.

The Brattle Group has handled a variety of Section 337 cases across a range of industries and has extensive experience working on these fast-paced, high-stakes cases. Our Section 337 expertise benefits from deep institutional knowledge coupled with relevant technical skills spanning the intellectual property, international trade, and antitrust practices.

In addition to addressing a wide range of economic issues, 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. The Brattle Group has assisted counsel for leading technology companies, including Samsung, Apple, Intel, Hewlett Packard, Nokia, Sony, Macronix, and Garmin.

The Brattle Group has provided expert testimony on economic issues in numerous high-profile ITC matters, including the Broadcom v. Qualcomm Matter (Inv. No. 337-TA-543); Certain Multimedia Display and Navigation Devices and Systems (Inv. No. 337-TA-694); Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781); and Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

Our Focus
Article
Determining Injury From Trade Secret Misappropriation At ITC
December 2015
Mark L. Whitaker, Pallavi Seth, and Kevin Neels
Published in Law360
Presentation
Section 337 at the U.S. International Trade Commission: Patents and Beyond
July 30, 2015
Pallavi Seth, Karin Norton , Mark L. Whitaker , Elizabeth Winston , and Charlie McMahon
Presented at the American Bar Association's Annual Meeting
Presentation
The U.S. International Trade Commission Beyond Tech Patents—Fashion, Digital Downloads, Trademarks & Trade Secrets
February 9, 2015
Pallavi Seth, Kate Bouquard , Josh Pond , Gillian Thackray, and Vaishali Udupa
Presented at the New York State Bar Association's 138th Annual Meeting
Presentation
ITC in Flux: Learnings from Recent Developments
April 4, 2014
Pallavi Seth, Lynn I. Levine, Eric S. Namrow, and Kimberly Parke
Presented at the American Bar Association’s 29th Annual Intellectual Property Law Conference
Presentation
Safeguarding U.S. Intellectual Property Rights: The Domestic Industry Requirement of Section 337
July 25, 2013
Prepared for a West LegalEd CLE Program
Presentation
Making a Public Interest Case at the ITC
June 19, 2013
Pallavi Seth, Vaishali Udupa, Mark Whitaker, and Kimberly Parke
Presented at the American Bar Association CLE Program
Presentation
Making a Public Interest Case at the International Trade Commission (ITC)
February 7, 2013
Prepared for a West LegalEd CLE Program
Article
An Economic View of ITC 337 Cases and the Public Interest
November 21, 2012
Published in Law360
Article
An Economic View Of The ITC's Domestic Industry
June 18, 2012
Published in Law360
Report
The Costs of the ITC Downstream Exclusion Order to the U.S. Economy
July 10, 2007
Daniel L. McFadden and Glenn A. Woroch
Published by The Brattle Group, Inc.