Domestic Industry Requirement

News & Analysis as of

Motorola Escapes Microsoft by Ducking Under ITC Domestic Industry Requirement

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

ITC Looks to Short-Circuit Troll Cases

Continuing the trend against Non-Practicing Entities (NPEs or "trolls"), the U.S. International Trade Commission (ITC) announced a pilot program to permit an accelerated determination on the existence of dispositive issues in...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

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

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

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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