Ruling Keeps ITC Domestic Industry Rule On Short Leash

Law360, New York (October 17, 2011, 11:55 AM EDT) -- A recent Federal Circuit ruling that a patent holder's previous litigation expenses do not automatically entitle it to file a complaint at the U.S. International Trade Commission should make it more challenging for nonpracticing entities to use the trade panel for patent suits, attorneys say.

The appeals court on Oct. 4 affirmed the ITC's finding that coaxial cable connector maker PPC Inc. failed to satisfy the domestic industry requirement of Section 337 of the Tariff Act, marking the first time the Federal Circuit has addressed the...
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