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Expert Analysis

Deep Divides On Domestic Industry At The Federal Circuit

Law360, New York (June 10, 2013, 11:59 AM EDT) -- Recent decisions from the Federal Circuit reveal a sharp ideological divide over the scope of the domestic industry requirement for patent infringement cases before the United States International Trade Commission. In January, the Federal Circuit issued an opinion denying rehearing that is now the subject of a petition for certiorari before the U.S. Supreme Court in InterDigital Communications LLC v. International Trade Commission.[1] On May 13, the Federal Circuit issued its decision in Motiva LLC v. International Trade Commission.[2] These cases considered the scope of the often-controversial licensing-based domestic industry requirement....

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