Expert testimony in USITC Section 337 investigation

Expert testimony in USITC Section 337 investigation

Michele Riley provided expert testimony in a Section 337 investigation in the United States International Trade Commission (USITC), captioned "Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same." OFS Fitel, LLC, a global provider of coated optical fiber and cabling with facilities in Georgia, Connecticut, New Jersey, and Massachusetts, as well as in Europe and Asia, was alleged to have infringed for U.S. patents owned by Dutch holding company DSM IP Assets B.V. pertaining to optical fiber coatings and optical fiber made with those coatings.

Michele's testimony during the trial examined whether DSM IP Assets B.V. had satisfied the Section 337 requirement of establishing the existence of a domestic industry in the United States for the patented products. In performing this inquiry, we examined DSM IP Assets B.V.’s investment in plant and equipment, employment of labor and capital, and investment in engineering, research and development, and licensing.

The USITC ultimately found all patent claims asserted by DSM IP Assets B.V. against OFS Fitel to be invalid. Stout was retained by Barnes & Thornburg, counsel for OFS Fitel, LLC.

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