Domestic Industry — Bellwether Of Change For Section 337

Law360, New York (May 8, 2013, 12:01 PM EDT) -- It is axiomatic that the intellectual property rights of companies are becoming exceedingly important to their bottom line. Section 337, 19 U.S.C. § 1337, has long been one of the most effective ways to safeguard such IPR, especially for those covering products with relatively short life cycles. The parameters of Section 337, however, are evolving, particularly with regard to the economic prong of the domestic industry requirement. Companies must keep abreast of these changes in order to maximize their litigation outcomes at the U.S. International Trade Commission as well as their business opportunities in the marketplace....

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