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Expert Analysis

Raising The Bar For NPEs To Establish Domestic Industry

Law360, New York (August 8, 2012, 1:26 PM EDT) -- In addition to proving infringement of the asserted patents, complainants in Section 337 investigations before the U.S. International Trade Commission must prove the existence of a domestic industry in order to establish a violation of Section 337. See 19 U.S.C. 1337(a)(2). One avenue to establish a domestic industry is through substantial investments in licensing the asserted patents. Id. at § 1337(a)(3)(C). A topic of recent and growing interest in ITC litigation has been the ability of a nonpracticing entity to establish that it satisfies the law's domestic industry requirement....

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