Imports, Intellectual Property Litigation, International Trade

Minimizing Your Risk of Being Sued Before the U.S. International Trade Commission

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/31/2025

The International Trade Commission (ITC) is an independent U.S. federal agency that oversees issues including IP enforcement, anti-dumping, and tariffs. A finding of infringement at the ITC can result in exclusion orders and...more

Federal Circuit’s Lashify Decision Expands “Domestic Industry” at the International Trade Commission

Knobbe Martens on 3/19/2025

Lashify, Inc. v. International Trade Commission Before: Prost, Taranto, and Chen. Appeal from ITC Investigation. The Federal Circuit expands the economic prong of the domestic-industry analysis to include domestic spending on...more

The Precedent: Federal Circuit Emphasizes that Dollar Amount Spent is Not Determinative of § 337’s Domestic Industry Requirement...

Vorys, Sater, Seymour and Pease LLP on 3/14/2025

In this edition of The Precedent, we outline the decision in Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n. The United States Court of Appeals for the Federal Circuit recently emphasized that Section 337’s...more

Federal Circuit Concludes Sales and Marketing Expenses Are To Be Included In Economic Prong Analysis At The ITC

BakerHostetler on 3/10/2025

Last week, the U.S. Court of Appeals for the Federal Circuit lowered barriers that one must overcome to enforce patents at the U.S. International Trade Commission (ITC). The ITC often proves to be an effective forum to...more

Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC

Wolf, Greenfield & Sacks, P.C. on 3/6/2025

On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), finding the ITC’s approach...more

Imports › Intellectual Property Litigation › International Trade

Minimizing Your Risk of Being Sued Before the U.S. International Trade Commission

Federal Circuit’s Lashify Decision Expands “Domestic Industry” at the International Trade Commission

The Precedent: Federal Circuit Emphasizes that Dollar Amount Spent is Not Determinative of § 337’s Domestic Industry Requirement...

Federal Circuit Concludes Sales and Marketing Expenses Are To Be Included In Economic Prong Analysis At The ITC

Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC

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