ITC institutes investigation (Section 337)
Oil Vaping Cartridges
HKA experts were retained by a joint defense group comprising many respondent companies that manufacture and sell personal vaping cartridges.
Brief
HKA expert Ryan LaMotta evaluated and responded to the complainant’s claimed satisfaction of the economic prong of the ITC’s domestic industry requirement and the associated opinions offered by the complainant’s economic expert.
What we did
As part of the investigation, Ryan LaMotta identified numerous methodological weaknesses and errors in the complainant’s expert analysis and report. The detailed and thorough rebuttal analysis conducted by Mr LaMotta was so devastating that the complainant ultimately abandoned its economic expert before trial and attempted to present its domestic industry case exclusively through fact witnesses. Mr LaMotta testified at the ITC regarding his analysis and opinions.
Outcome
Mr. LaMotta’s opinions on domestic industry were accepted and adopted by the Administrative Law Judge and the ITC – both agreeing with HKA’s expert, Mr. LaMotta, that the complainant failed to demonstrate the presence of a domestic industry. By prevailing on this dispositive issue, HKA’s clients avoided exclusion orders and were permitted to continue with business as usual.
