News & Analysis as of

International Trade Commission (ITC) Research and Development

Fish & Richardson

ITC Lightens Domestic Industry Requirement for Trade Secret Complainants

Fish & Richardson on

The International Trade Commission recently issued an opinion in a trade secret-based investigation, Certain Selective Thyroid Hormone Receptor-Beta Agonists, Processes for Manufacturing or Relating to Same, and Products...more

Pillsbury Winthrop Shaw Pittman LLP

Stretching the Limits: Clarifying the Scope of the Domestic Industry Requirement

Complainants should allocate their investments on a patent-by-patent basis, or, at a minimum, ensure that any aggregate investment is allocated by proper product groupings....more

McDermott Will & Schulte

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

McDonnell Boehnen Hulbert & Berghoff LLP

International Trade Commission Issues Report of COVID-19 IP Waiver

It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines (see "Biden Administration...more

Mintz - Intellectual Property Viewpoints

The Tall Tale of the Domestic Industry

There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...more

Mintz

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

Mintz on

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

Jones Day on

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

Jones Day

ITC Scrubs Domestic Industry Holding In Brushes Investigation

Jones Day on

On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing...more

McDermott Will & Emery

Key Energy-Related Tax Provisions in the 2017 Budget Proposal

McDermott Will & Emery on

Key Energy-Related Tax Provisions in the 2017 Budget Proposal - As in previous proposed budgets, President Obama’s recently released budget proposal for the 2017 fiscal year contains energy-related tax provisions that...more

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