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Domestic Industry Requirement Evidentiary Hearings

Foley & Lardner LLP

The Public Interest, EPROMs, and Domestic Industry Issues in Component Manufacturer S. 337 Investigations

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Since the Supreme Court’s decision in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), injunctions are an infrequent remedy for patent infringement in federal district courts. Yet, an exclusion order – the functional...more

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ALJ Provides Domestic Industry Proof Outline

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In a recent Order setting the procedural schedule for a 100-Day Pilot Program proceeding, Judge Lord provided a helpful outline for proofs necessary to establish the economic prong of domestic industry. Certain Solid State...more

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ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

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In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

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100-Day Pilot Program Proceedings Remain Rare

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In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

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