ITC Testimony

The U.S. International Trade Commission (ITC) investigates and rules on allegations of unfair methods of competition and unfair acts of imported articles under Section 337 of the Tariff Act of 1930. Most Section 337 investigations involve allegations of patent or trademark infringement. Other unfair competition disputes the ITC sees involve misappropriation of trade secrets, trade dress infringement, false advertising, and antitrust violations.

Because there are critical differences between Section 337 investigations and district court litigation, it is important to understand the ITC’s procedural steps and applicable rules. Krista F. Holt has deep familiarity with these differences and can help you plan and execute your case strategy in an efficient and timely manner. She provides a variety of services for her clients appearing before the ITC, including establishing factors regarding the public interest implications of a ruling, providing guidance with respect to bonds posted during the presidential review period, providing testimony and analyses supporting appropriate remedies, determinations of commercial success, and researching and analyzing evidence supporting domestic industry determinations.

Krista Holt’s unique combination of foundational knowledge of economic and financial theory and hands-on experience in the details of operating businesses means she can apply both perspectives to the questions faced in an ITC investigation. She digs deep and thinks creatively to generate metrics that support or refute the impact to the public of a considered ITC action as well as indications of commercial success that indicate whether the patents at issue may be considered nonobvious inventions.

Ms. Holt’s experience includes internal senior management positions at engineering, manufacturing, and distribution firms. She has first-hand experience creating and implementing information and management systems for accounting, cost management, inventory control, and warehousing. Because she has inside knowledge and insight into how businesses operate at the micro-level, she can accurately and effectively make determinations of the financial impact of competitive products, assess evidence regarding the economic prong of the domestic industry requirement, and make well-informed arguments about the establishment and forfeiture of limited exclusion order and cease and desist order bonds.