The International Trade Commission (“ITC”) recently held that litigation expenses may, under certain circumstances, count toward satisfying the economic prong of the domestic industry requirement for Section 337 cases, provided there is some showing of nexus with the patents in suit. This leaves the door open for Non-Practicing Entities (i.e. patent owners who do not manufacture the patented article) to meet the domestic industry requirement and use the ITC to enforce U.S. patents, provided certain litigation expenses satisfy the Commission’s new standards.