ITC’s Broad Definition Of 'Domestic Industry'

Law360, New York (May 31, 2011, 3:08 PM EDT) -- To prove a violation of 19 U.S.C. § 1337 (Section 337) in a patent-based action and to obtain an order excluding infringing goods from importation, a complainant must demonstrate that a domestic industry exists or is in the process of being established. 19 U.S.C. § 1337(a)(2) and (a)(3).

The domestic industry requirement has an economic prong and a technical prong, which respectively require “a threshold level of domestic activities or investments with respect to protected articles” and “that these [domestic] activities relate to the intellectual property...
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