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Patent Litigation Domestic Industry Requirement

DLA Piper

The Federal Circuit Widens The ITC as a Venue for Life Sciences

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Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in...more

Womble Bond Dickinson

ITC Seeks En Banc Rehearing of the Federal Circuit’s Lashify Decision

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The U.S. International Trade Commission (“ITC”) is seeking an en banc rehearing of the Federal Circuit’s recent Lashify v. ITC decision, contending that the panel’s statutory interpretation focused on the statute’s terms in...more

Troutman Pepper Locke

The Top Five Challenges of Pursuing Litigation at the ITC

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Patent litigation at the International Trade Commission (ITC) is characterized by its rapid pace, with proceedings for investigations under 19 U.S.C. § 1337 typically concluding within 15 to 18 months after the filing of the...more

Ladas & Parry LLP

Recent Decisions of the Court of Appeals of the Federal Circuit on the Economic Prong of the Domestic Industry Requirement in ITC...

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Trade Commission is a federal agency whose responsibilities include investigating and where appropriate barring the import of goods resulting from a variety of unfair trade practices. It is headed by a bipartisan six-membered...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Federal Circuit Expands IP Enforcement Opportunities at the ITC

Last month the Federal Circuit issued a decision in the Lashify case that significantly broadens the opportunity for companies to bring a lawsuit before the U.S. International Trade Commission (“ITC”). The ITC is known for...more

Pillsbury Winthrop Shaw Pittman LLP

Lashify v ITC: The Federal Circuit Redefines the Domestic Industry Requirement

The Federal Circuit has overturned the U.S. International Trade Commission’s longstanding interpretation of section 337(a)(3)(B). Complainant Lashify, Inc. appealed an adverse decision by the U.S. International Trade...more

Knobbe Martens

Domestic Marketing and Distribution of an Imported Product May Satisfy the Economic Prong of the Domestic-Industry Requirement

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LASHIFY, INC. V. ITC - Before Prost, Taranto, and Chen. Appeal from the U.S. International Trade Commission. Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported...more

McDermott Will & Emery

Economic Prong of Domestic Industry Requirement Includes All Sorts of Labor and Capital

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Addressing the economic prong of the domestic industry requirement under Section 337(a)(3)(B) of the Tariff Act of 1930, the US Court of Appeals for the Federal Circuit reversed a US International Trade Commission decision,...more

Ropes & Gray LLP

[Podcast] Talkin’ Trade: Section 337 Domestic Industry Shake-Up—Exploring the Lashify Decision

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On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. ITC. This pivotal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit Affirms Small U.S. Investments Can Satisfy Domestic Industry Requirement

A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Design Patents Year in Review: Analysis & Trends - ITC Design Patent Trends: Analyzing Outcomes Through 2024

The U.S. International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents. Although the Commission issued no remedial...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Mid-Year Litigation and PTAB Review - June 26th, 9:00 pm - 10:00 pm ET

Join Wolf Greenfield for a mid-year review of litigation and PTAB trends at 12:00pm ET or 9:00pm ET. This webinar will cover: 2024/2025 patent litigation trends: ITC domestic industry, double patenting, forum shopping,...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Mid-Year Litigation and PTAB Review - June 26th, 12:00 pm - 1:00 pm ET

Join Wolf Greenfield for a mid-year review of litigation and PTAB trends at 12:00pm ET or 9:00pm ET. This webinar will cover: 2024/2025 patent litigation trends: ITC domestic industry, double patenting, forum shopping,...more

McDermott Will & Emery

Stud-y Harder: Domestic Industry Must Be Established for Each Asserted Patent

McDermott Will & Emery on

Addressing a final determination by the US International Trade Commission of no violation of § 337, the US Court of Appeals for the Federal Circuit affirmed that the complainant had not satisfied the economic prong of the...more

McDermott Will & Emery

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

McDermott Will & Emery on

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

McDermott Will & Emery

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

McDermott Will & Emery

No Smoking Gun Here: Soliciting Input Sufficient to Satisfy Commission’s Statutory Obligation

Addressing a decision by the US International Trade Commission finding a violation of Section 337, the US Court of Appeals for the Federal Circuit agreed with the Commission on a slew of issues, including its determination...more

Haug Partners LLP

The Effect of Proposed Legislative Reform at the ITC

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Last week, for the second time in two years, members of the House of Representatives proposed legislation limiting the ability of certain entities to file complaints for unfair trade practices at the U.S. International Trade...more

Fish & Richardson

ITC Litigation: Domestic Industry Requirement

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One aspect of ITC litigation that is unique to Section 337 actions and not present in typical IP litigation is the “domestic industry” requirement. This often taken-for-granted part of ITC litigation can be minor speedbump or...more

Jones Day

ITC Denies Request to Use its Early Disposition Program for Domestic Industry

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On March 31, 2020, the ITC issued an order denying Respondents’ request to use the Early Disposition Program. Certain Electronic Candle Products and Components Thereof, Inv. 337-TA-1195. The ITC concluded that the issue of...more

Jones Day

Show Me The Money: Only Quantitative Investment Data Can Satisfy the Domestic Industry Requirement

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In a recently issued Commission Opinion, the ITC affirmed ALJ Bullock’s application of the Federal Circuit’s rule that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the...more

Jones Day

ITC Invalidates Road Paving Machine Patent for Being An Abstract Idea

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In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction...more

Mintz - Intellectual Property Viewpoints

ITC rejects minimum threshold requirement for domestic industry economic prong and emphasizes the importance of contextual...

In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more

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