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Litigation Services Handbook

Chapter 21 – Role of Financial Experts in ITC Section 337 Investigations

Introduction

Federal law allows owners of U.S. intellectual property (IP) to enforce their rights against alleged foreign- and domestic-based infringers in two ways: (1) by bringing a lawsuit in U.S. district court or (2) by initiating an investigation at the U.S. International Trade Commission (ITC) based on Section 337 of the Tariff Act of 1930. This chapter discusses the financial expert’s role in Section 337 investigations.1 The ITC is an independent, quasi-judicial federal agency that administers certain U.S. trade laws that provide U.S. industries with a means to prevent unfair competition from imported goods, including Section 337 violations. The ITC most commonly investigates claims of patent and trademark infringement but also investigates claims of copyright infringement and unfair competition, including misappropriation of trade secrets, false advertising, and gray market activity (i.e., distribution of branded products outside authorized distribution channels).2

Notes:
1 The authors acknowledge the research assistance of Kenny Lamb in the preparation of this chapter. For purposes of this chapter, “financial expert” refers to any nontechnical expert including but not limited to an expert in the field of finance, economics, and/or accounting who is retained to provide analysis on the nontechnical issues discussed herein at the ITC. The views expressed in this chapter belong to the authors and are not necessarily the views of FTI Consulting, Inc., its management, its subsidiaries, its affiliates, or its other professionals.
2 “U.S. International Trade Commission, FY 2014 at a Glance,” available at www.usitc.gov/press_room/documents/yir_op2_2015.pdf (last visited on Oct. 14, 2015).

From the Litigation Services Handbook, 6th Edition. Copyright © 2017 by John Wiley & Sons, Inc. Reprinted by permission of John Wiley & Sons, Inc.


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