ITC Litigation

Overview

Our experts frequently provide testimony before the International Trade Commission on economic topics relevant to the determination of whether a patent holder may exclude a potential infringer.

We provide economic analysis and testimony on domestic industry for both manufacturers and licensing entities. Assessing domestic industry requires a careful economic accounting of a complainant’s expenses to identify whether they qualify as investments in plant and equipment, employment of labor or capital, or investments in engineering or research and development. A number of new economic questions that must be answered during the course of a proceeding have been raised in recent Section 337 cases, such as:

  • What categories of a complainant’s expenses qualify as investments in plant and equipment? 
  • Were payments made directly by the complainant, or were they paid to third parties for services rendered? 

In addition, our economists often analyze economic issues of public interest, including those arising from RAND commitments, and apply economic methods to evaluate bond and cease and desist orders.

Case Experience

Case Experience

Insights & News

Publications

  • Law360 | 09.08.2014

    In their article for Law360, Edgeworth partners Dr. Gregory Leonard and Stephen Rusek discuss the importance of evaluating transaction prices of the intellectual property at issue when calculating reasonable royalty damages in a patent infringement case.

  • Law360 | 05.02.2011

    Drs. Fei Deng, Gregory K. Leonard and Mario A. Lopez discuss economic factors that determine how an exclusion order would affect welfare in their Law360 article, “Considering Welfare in ITC Exclusion Order Cases.”

News

Experts

Edgeworth Partners discuss the importance of evaluating transaction prices of the intellectual property at issue when calculating reasonable royalty damages in a patent infringement case, as the price is an indicator of the royalties that were expected at the time of the transaction.

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