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Appeals › Domestic Industry Requirement

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

McDermott Will & Emery on

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

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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

Mintz - Intellectual Property Viewpoints

Avoiding Unforced Tech DI Errors at the ITC

Mintz - Intellectual Property Viewpoints on

The key to success as a Complainant in the ITC is careful preparation, long before the complaint is filed. Nowhere is this more important than in preparing and planning a Complainant’s domestic industry case. The so-called...more

McDermott Will & Emery

Domestic Industry May Include Old Investments with Sufficient Nexus to Continuing Expenditures

McDermott Will & Emery on

Addressing orders entered by the International Trade Commission (ITC) against imported ATMs, the US Court of Appeals for the Federal Circuit held that expenditures up to 10 years before the complaint may be used to establish...more

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