Law360, New York (April 15, 2010, 11:41 AM ET) -- In a long-awaited decision in the field of Section 337 practice, the U.S. International Trade Commission has brought greater clarity to the concept of "domestic industry" to the extent it involves "exploitation" of patents.
Being a trade statute, the exclusionary remedy of Section 337 is available only to companies which can establish they are part of an "industry in the United States." Historically, that meant proving that the company actually made something in the United States utilizing its patent or other intellectual property rights.
In 1988,...
Coaxial Cable — Clarifying 'Domestic Industry'
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