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Expert Analysis

A Change In Application Of EPROMs Factors At ITC?

Law360, New York (August 29, 2012, 4:43 PM EDT) -- In what may be the first decision of its kind since the U.S. Court of Appeals for the Federal Circuit's decision in Kyocera Wireless Corp. v. Int'l Trade Comm'n,[1] U.S. International Trade Commission Administrative Law Judge David P. Shaw denied complete relief to the complainant where it could not satisfy the EPROMs factors for the respondent's own downstream goods.[2] If affirmed or otherwise not reviewed by the commission, this decision has the potential to significantly alter prevailing assumptions in ITC practice....

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