Unpacking The Latest ITC Trends: Part 2

By Greg Corbett and Libbie DiMarco (September 26, 2019, 12:51 PM EDT) -- In part one of this two-part series, we discussed the latest U.S. International Trade Commission developments involving Patent Trial and Appeal Board proceedings, the public interest and importation. In part two, we will examine ITC developments on domestic industry, as well as recent ITC decisions from the U.S. Court of Appeals for the Federal Circuit and their practical impact, if any, on Section 337 practice.

Developments on the Domestic Industry Requirement

Last month, the commission declined to consider post-complaint domestic industry activities in an investigation where the complainant had asserted that a domestic industry was in the process of being established.[1]...

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