Federal Circuit Review - Volume 3 | Issue 2 February 2013

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In This Issue:

• Licensing to Foreign Manufacturers Satisfies Domestic Industry

• Appeal Found to Be Moot in Light of “Side Bet”

• Mere Design Choice Leads to Obviousness Finding

• Design Patent Infringement Complaint Survives Dismissal

- Excerpt from Licensing to Foreign Manufacturers Satisfies Domestic Industry:

In InterDigital Communications v. International Trade Commission, Appeal No. 2010-1093, the Federal Circuit denied Petition for Rehearing.

Nokia petitioned for rehearing on whether InterDigital’s patent licensing activities satisfy the economic prong of the domestic industry requirement of section 337 of the Tariff Act of 1930. The economic prong requires there to be an industry in the United States relating to the articles protected by the patent and can be satisfied in one of three ways: (A) significant investment in plant or equipment, (B) significant employment of labor or capital, or (C) substantial investment in the patent’s exploitation, including engineering, research and development or licensing. Nokia argued that InterDigital’s concededly substantial investment in engineering, research and development or licensing was not shown to be relating to the articles protected by the patent because no such articles were produced in the United States...

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