CRA was retained by a global automobile manufacturer to evaluate whether a domestic industry (DI) had been established by the complainant in an ITC Section 337 investigation related to hybrid vehicle patents. The team of CRA consultants submitted an expert report that identified significant flaws with the opposing expert’s DI calculations, supporting documentation, allocation methods, and conclusions. CRA’s team also conducted analyses to evaluate the appropriateness of an exclusion order, cease-and-desist order, and the appropriate amount of the bond associated with the Presidential review period. CRA’s client secured a favorable settlement prior to trial.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...