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Non-Practicing Entities Domestic Industry Requirement

Axinn, Veltrop & Harkrider LLP

Would Congress' Proposed ITC Reforms Thwart NPEs?

Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022. In a sense, the rise of NPEs at the ITC was by...more

Jones Day

ITC Concludes Early Disposition Program Not Appropriate for Subject Matter Eligibility and Domestic Industry

Jones Day on

On April 2, 2019, the Commission issued an order denying Respondents’ requests to use the Early Disposition Program. Certain Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the...more

Dickinson Wright

ITC Opens the Door Wider To Non -Practicing Entities

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

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