INTERNATIONAL TRADE COMMISSION EXPERT WITNESS TESTIMONY AND CONSULTING

A U.S. International Trade Commission expert witness offers reports, testimony, and technical and industry-specific expertise in cases before the ITC. Matters typically involve allegations of unfair trade practices, most notably patent infringement under Section 337 of the Tariff Act of 1930. Top International Trade Commission expert witness leaders know that proceedings are unique from standard federal court litigation, and an SME with ITC experience can be vital in steering through the environment.

KOLs get hired and retained for disputes involving high-tech products, such as semiconductors, smartphones, medical devices, software, and other electronics. As a International Trade Commission expert witness, pros’ job is to analyze and testify on a range of topics, including whether a product infringes on a U.S. patent, how a patented technology is used, and whether the domestic industry requirement is met. SMEs may also assess economic harm, licensing practices, and technical aspects of product design or function.

A big difference in ITC cases is the speed of litigation. Investigations move quickly—usually resolving in under 18 months—so parties must prepare rapidly and efficiently. An International Trade Commission expert witness must not only possess strong technical knowledge but also understand the procedural rules, evidentiary standards, and strategic considerations unique to the ITC. Experience in Markman hearings, claim construction, and prior art analysis is often essential.

On top of their technical role, an International Trade Commission expert witness must be a skilled communicator. Their reports and testimony must be clear, concise, and persuasive, as they often play a central role in the Administrative Law Judge’s (ALJ) determination. Whether supporting a complainant seeking to block imports or defending a respondent accused of infringement, the expert’s analysis can be pivotal.

Your typical International Trade Commission expert witness is an indispensable asset in trade-related intellectual property disputes. Their skill to interpret technologies, assess compliance with Section 337 requirements, and clearly communicate findings to legal and regulatory professionals makes them a critical component in high-stakes ITC litigation.