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 its potent remedy: exclusion orders that block infringing products from entering the United States. Prior to the Federal Circuit’s Lashify decision, the ITC largely focused on whether intellectual property owners had substantial manufacturing activities within the United States that satisfied the “domestic industry” requirement for bringing an ITC investigation. “Mere importers” were not permitted to bring suit at the ITC. Now, the Lashify decision opens the door for the domestic industry requirement to be satisfied with non-manufacturing activities in the U.S., such as sales, marketing, warehousing, and distribution activities, all of which were previously insufficient to satisfy the domestic industry requirement.
The Lashify ruling changes the domestic industry requirement so that companies that before may not have been eligible to bring suit at the ITC may now obtain relief, regardless of their manufacturing footprint, as long as they have made sufficient investments relating to other qualifying activities in the United States. Korean companies should be aware of this greater opportunity to take advantage of the ITC to protect their intellectual property from infringing imports into the United States. For additional information, please refer to Sterne Kessler’s Client Alert.
This article appeared in the April 2025 issue of Sterne Kessler’s U.S. IP Updates newsletter. To view our past issues, as well as other firm newsletters, please click here.
