Intellectual Property and Unfair Trade: Market Response to ITC Actions

Abstract

Firm-specific wealth effects associated with US International Trade Commission Section 337 investigations of intellectual property right infringements are estimated. A major finding is that the 337 protection is valuable to complainant firms, but the timing of wealth effects suggests differing motivations for firms which pursue this remedy. Other findings are that firms involved in concurrent District Court litigation and firms with greater number of respondents are less likely to settle their case prior to an ITC determination. Recent statutory changes in Section 337 also appear to have increased complainant firms' incentives to settle.