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Expert Analysis

Resetting The ITC Test For Domestic Industry

Law360, New York (April 24, 2012, 1:47 PM EDT) -- In 1988, Congress enacted the current version of 19 U.S.C. §1337(a) ("Section 337"), under which the U.S. International Trade Commission determines if a complainant has, or is in the process of establishing, an "industry in the United States, relating to the articles protected by" the asserted intellectual property. If no such "domestic industry" is proved, no exclusion order will issue against importation and resale of articles that infringe the asserted IP. In drafting Section 337, Congress for the most part codified existing ITC practice. In Section 337(a)(2)(C), however, Congress expanded the power of the ITC....

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