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Manufacturers Domestic Industry Requirement

Sheppard Mullin Richter & Hampton LLP

Few Surprises – New Rule Implementing Biden’s “Made in America” Changes the Buy American Act Effective October 2022

Over a year after the Biden Administration issued Executive Order 14005 on “Ensuring the Future is Made in America by All of America’s Workers,” (discussed previously here) the Federal Acquisition Regulatory Council (“FAR...more

Jones Day

Product Prototype Built Abroad Satisfies Domestic Industry Requirement

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On February 14, 2019, the U.S. International Trade Commission (“ITC”) issued an Initial Determination (“ID”) in the matter of Certain Road Construction Machines and Components Thereof, Inv. 337-TA-1088. In the ID, ALJ Lord...more

Jones Day

Declining Domestic Investments May Still Qualify as Significant

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In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more

Perkins Coie

Made In USA: Increasing Challenges to False or Misleading U.S.-Origin Claims

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U.S. consumers notice and are more likely to buy products that are marketed as Made in USA. President Donald J. Trump proclaimed in his inaugural address that we should “follow two simple rules: Buy American and Hire...more

Mintz

International Trade Commission Clarifies Domestic Industry Requirements in Favor of Patent Owners

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A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves a patent owner’s ability to demonstrate that it possesses a statutorily required “domestic industry” and can therefore obtain relief...more

Jones Day

ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement

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In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry (“DI”) requirement. Certain...more

Mintz - Intellectual Property Viewpoints

Recent ITC decision clarifies and eases domestic industry burden for patent holders

A recent decision by the International Trade Commission (“ITC” or the “Commission”) improves intellectual property holders’ ability to prove that they have a “domestic industry” and obtain relief for infringement from the...more

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

Jones Day

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

Jones Day

R&D Based Domestic Industry Questions Remain

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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

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