Under Section 337 of the Tariff Act of 1930, the U.S. Trade Commission conducts investigations into allegations of certain unfair practices related to intellectual property. Most Section 337 investigations involve allegations of patent or registered trademark infringement, while others involve other forms of unfair competition, including misappropriation of trade secrets.
ECS has been involved in all aspects of economic analysis generally used in Section 337 cases. Those include:
Economic prong of domestic industry
General exclusion orders
Economic injury (in those instances where the unfair practices do not involve statutory intellectual property.)
In 337 investigations, ECS provides clients with assistance during discovery, expert reports and/or rebuttal reports, as well as deposition and hearing testimony.