ITC 337 Investigations

Ocean Tomo, a part of J.S. Held, has significant experience addressing the economic issues underlying 337 investigations at the International Trade Commission (ITC).

Visit Ocean Tomo for more information about J.S. Held's intellectual property services.

Our experts testify in 337 investigations involving issues of patent infringement, trademark infringement, and trade secret misappropriation. We provide insight into industry considerations that may bear on issues such as the significance of domestic investments, the applicability of potential remedies, the proper bond amount, threatened or actual injury, commercial success, and the impact of an exclusion order on the public interest. We have assisted counsel in every stage of a 337 investigation, from acquiring products and evaluating domestic industry and public interest considerations prior to filing, through assisting with settlement negotiations.

Our Services

Analysis of Commercial Success
Analysis of Domestic Industry Requirement
Assistance with Settlement Negotiations

Determination of Proper Bond Amount
Evaluation of Appropriate Remedies
Examination of Public Interest Considerations

Investigation of Potential Injury
Pre-filing Due Diligence & Analysis

Our Subject Matter Experts

Certified Licensing Professionals
Certified Public Accountants
Economists
Intellectual Property Valuation Experts
Testifying Experts

Our Clients

Commercial Dispute Litigators
Designers
Fortune 1000 Companies
General Counsel
Inventors
IP Litigators
Laboratories
Small & Middle Market Companies
Public Companies
Start-Ups
University Technology Managers

Featured Engagement:
In the Matter of Certain Audio Players and Controllers

Background:

Investigation: 337-TA-1191
Representation: Complainant
Claims: Patent Infringement
Technology: Music Streaming, Playback, and Distribution
Scope of Involvement: Report, Deposition, Hearing Testimony

Engagement:

Sonos brought suit against Google for infringing several patents relating to music streaming, playback, and distribution. Ocean Tomo offered testimony relating to the existence of a domestic industry, remedy, and bond.

Results:

Consistent with Ocean Tomo’s opinions, the ALJ granted summary determination that the domestic industry requirement had been satisfied. That ruling was later affirmed by the Commission, which also affirmed Ocean Tomo’s opinions relating to remedy and the amount of a bond.

Featured Engagement:
In the Matter of Certain Personal Transporters

Background:

Investigation No. 337-TA-1007/1021
Representation: Complainant
Claims: Patent and Trademark Infringement
Technology: Self-Balancing Electric Scooters
Scope of Involvement: Report, Deposition, Hearing Testimony

Engagement:

Segway, and its parent company Ninebot, brought suit against several respondents who were accused of importing infringing one-wheel and two-wheel self-balancing electric scooters. Ocean Tomo offered testimony related to the existence of a domestic industry, the appropriate remedy and bond, and the commercial success of the patented and accused products.

Results:

Complainants prevailed on its trademark infringement claims and, consistent with the opinions offered by Ocean Tomo, the ALJ found the existence of a domestic industry and recommended cease and desist and limited exclusion orders. Those findings were later affirmed by the Commission’s final determination.

Featured Engagement:
In the Matter of Certain Botulinum Toxin Products

Background:

Investigation: 337-TA-1145
Representation: Complainant
Claims: Trade Secret Misappropriation
Technology: Botulinum toxin products
Scope of Involvement: Report, Deposition, Hearing Testimony

Engagement:

Medytox brought suit against several respondents who were accused of importing botulinum toxin products that misappropriated certain manufacturing related trade secrets. Ocean Tomo offered testimony related to the existence of a domestic industry and whether any such domestic industry would be destroyed, or substantially injured, by the importation of the infringing products.

Results:

Consistent with Ocean Tomo’s opinions, the Commission found that the domestic industry requirement had been satisfied and that respondent’s importation and sale of the infringing botulinum toxin product threatened to destroy, or substantially injure, Medytox’s domestic industry and/or domestic industry products.

Featured Engagement:
In the Matter of Semiconductor Chips with Minimized Package Size

Background:

Investigation: 337-TA-630
Representation: Respondents
Claims: Patent Infringement
Technology: Packaging of DRAM Chips
Scope of Involvement: Report, Deposition, Hearing Testimony

Engagement:

Tessera brought suit against several respondents who were accused of importing infringing DRAM chips. Ocean Tomo offered testimony that the majority of units sold in or imported into the U.S. by respondents were purchased from suppliers or subcontractors directly licensed by Tessera, and thus licensed.

Results:

The ALJ, in agreement with Ocean Tomo, found that all chips purchased by Defendants from Tessera’s licensees were authorized. Thus, because Tessera’s rights in those chips were exhausted, none of Tessera’s patents had been infringed. Consistent with those findings, the Commission’s final determination found that there was no violation of Section 337.

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ITC 337 Investigations

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About J.S. Held

Service Organization Control (SOC) 2 Type II

J.S. Held, its affiliates and subsidiaries are not certified public accounting firm(s) and do not provide audit, attest, or any other public accounting services. J.S. Held is not a law firm and does not provide legal advice. Securities offered through PM Securities, LLC, d/b/a Phoenix IB, a part of J.S. Held, member FINRA/ SIPC or Ocean Tomo Investment Group, LLC, a part of J.S. Held, member FINRA/ SIPC. All rights reserved.

Member FINRA | SIPC

J.S. Held

Headquarters

50 Jericho Quadrangle
Suite 117
Jericho, N.Y. 11753
+1 516 621 2900
[email protected]

Media Relations

Contact: [email protected]

YouTube

Twitter

Subsidiary Firms

Contract Administration Associates, a J.S. Held Company

DBSConsult, a J.S. Held Company

JS Held Malaysia Sdn. Bhd. | Registration No. 202001033278 (1389599-P)

J.S. Held Engineering Services PLLC

J.S. Held Singapore Pte. Ltd. | Registration No. 202032700W

J.S. Held UK Limited

J.S. Held India Private Limited

Ocean Tomo, a part of J.S. Held

California Architecture & Engineering services are provided by J.S. Held Engineering and Architecture, Inc., a wholly owned subsidiary of J.S. Held LLC