Size Matters Before The ITC, But It’s Relative

In its determination, the U.S. International Trade Commission will consider whether the complainant’s investment in the IP at issue is “significant.” But it provides no formula for determining significance. The complainant needs to makes its case by presenting both hard analytics and a narrative about the IP and how it’s being used in the context of the domestic industry. Adduci, Mastriani & Schaumberg attorneys Lou Mastriani and Asha Allam explain the process.