Intensity Client Secures Summary Judgment of Economic Domestic Industry

Intensity was retained on behalf of a company that engages in the development and licensing of a significant patent portfolio pertaining to digital video receiver and interactive guide technology and provides consumer electronics hardware and software pertaining to the same.  At the International Trade Commission, the company accused a large national cable provider of unlawful importation of certain digital video receivers and broadband gateways accused of infringing some of the company’s patents.  Intensity was asked to perform both an economic domestic industry analysis pertaining to certain of the company’s products claimed to practice the patents as well as to provide an evaluation of the significance of the large national cable provider’s domestic inventory of accused products.

As part of its domestic industry analysis, Intensity researched the significance of the relevant products in the marketplace, quantified the relevant domestic investments, and demonstrated the significance and substantiality of the investments to the company and the marketplace in general.  Intensity also provided an evaluation of the domestic industry of one of the company’s licensees for certain digital video receiver products claimed to utilize the asserted patents.  Intensity’s domestic industry quantification and results were accepted in terms of accuracy and methodology, and Intensity’s client was able to secure a summary judgment order for economic domestic industry.

Intensity also demonstrated the commercial significance of the large national cable provider’s domestic inventory of accused products by assessing its commercial value and its sufficiency to meet forecasted demand.  Based on Intensity’s analysis, the Administrative Law Judge recommended a cease and desist order in the Initial Determination.