News & Analysis as of

Domestic Industry Requirement

WTO Appellate Body Report: US – Conditional Tax Incentives for Large Civil Aircraft

by White & Case LLP on

Decision: The WTO Appellate Body has ruled that certain tax incentives provided by the State of Washington in the aerospace sector are not prohibited import substitution subsidies under the Agreement on Subsidies and...more

When It Comes to Domestic Industry’s Economic Prong, Numbers Speak Louder Than Words

by Orrick - IP Landscape on

Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond, Certain Radio Frequency Identification (“RFID”) Products and Components Thereof, ITC Inv. No. 337-TA-979 (June 22, 2017) (ALJ...more

Double Dipping Allowed in Domestic Industry Allocation

by Jones Day on

The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

R&D Based Domestic Industry Questions Remain

by Jones Day on

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

Wisconsin Adopts Domestic Surplus Lines Insurance Law

by Foley & Lardner LLP on

On June 21, 2017, Governor Scott Walker signed Senate Bill 77 into law as 2017 Wisconsin Act 16, which permits its domestic insurers to become domestic surplus lines insurers (DSLIs) and sell surplus lines insurance in...more

ITC Section 337 – Quarterly Highlights

by Hogan Lovells on

The Trump Administration’s Potential Impact on ITC Section 337 Cases - Most project the Trump administration as less inclined toward continued patent reform, more pro-patent, and certainly more trade protectionist, than...more

ITC Opens the Door Wider To Non -Practicing Entities

by Dickinson Wright on

In a recent ruling, the International Trade Commission permitted a non-practicing entity to rely on the activities of its licensee to establish the “economic industry” prong of the domestic industry requirement. In...more

ALJ: Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

by Jones Day on

As a follow up to our previous post, Judge McNamara has issued the public version of her Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv....more

ITC Scrubs Domestic Industry Holding In Brushes Investigation

by Jones Day on

On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing...more

ITC Sheds Light on Economic Prong of Domestic Industry Under Subsection 337(a)(3)(C) and Issues General Exclusion Order

On June 26, 2015, the ITC handed down its Commission Opinion in Certain Loom Kits for Creating Linked Articles, Inv. No. 337-TA-923, Comm’n Op. (Feb. 3, 2015) (hereinafter “Loom Kits ”), granting a general exclusion order. ...more

Quantify Versus Quality Determines Domestic Industry - Lelo Inc. v. International Trade Commission

by McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit reversed a finding by the U.S. International Trade Commission (ITC) of a violation of § 337, concluding that the Commission’s use of a qualitative analysis could not meet the...more

ITC Section 337 Update - April 2015

by King & Spalding on

Motorola’s Appeal To Ninth Circuit Of A Jury Determination That Motorola Breached Its FRAND Obligation – In a case involving the first time a federal district court judge determined a FRAND royalty rate for standard essential...more

ITC Section 337 Update - March 2015 #2

by King & Spalding on

Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

The ITC’s Evolving Economic Prong of the Domestic Industry Requirement

by Goodwin on

The domestic industry requirement at the U.S. International Trade Commission (ITC or Commission) continued to evolve in three significant opinions in 2014. In one opinion, the Commission set forth a nexus requirement for...more

Motorola Escapes Microsoft by Ducking Under ITC Domestic Industry Requirement

by Foley & Lardner LLP on

In Microsoft Corp. v. International Trade Commission, the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four patents asserted...more

May 2013: ITC Litigation Update -- Federal Circuit Addresses Licensing-Based Domestic Industry in Section 337 Investigations.

In August 2012, the Federal Circuit issued an opinion in InterDigital Commc’ns v. Int’l Trade Comm’n, No. 2010-1093, reversing and remanding the International Trade Commission’s finding of no violation in Certain 3G Mobile...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by BakerHostetler on

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

ITC Section 337 Update - April 15, 2013

by King & Spalding on

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

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