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Weighing Licensing Activities At The ITC

Law360, New York (September 29, 2011, 1:07 PM EDT) -- The International Trade Commission recently announced that it will give “production-driven” licensing more weight than “revenue-driven” licensing when considering whether a complainant’s activities constitute a “substantial” investment toward a domestic industry under 19 U.S.C. §1337(a)(3)(C).[1]

Although the ITC’s announcement is recent, there has been much debate over the relative merits and values of production-driven versus revenue-driven licensing activities[2] and over whether the policies of the ITC should favor one over the other.[3]

The statute, however, is value-neutral. Thus, the better course would be for the ITC...
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