Disc Drive Ruling May Make ITC Less Attractive To NPEs

Law360, New York (August 20, 2014, 10:12 AM EDT) -- An administrative law judge of the U.S. International Trade Commission recently held that a purely revenue-driven nonpracticing entity did not prove that it satisfied the domestic industry requirement, because it relied solely on the activities of its licensees without also proving that it exploits the asserted patents under § 1337(a)(3)(C). Certain Optical Disc Drives, Components Thereof, & Prods. Containing Same, Inv. No. 337-TA-897, Order No. 95 (July 17, 2014) (Lord, ALJ) ("Optical Disc Drives").

ALJ Dee Lord's initial determination, which granted the respondents' motions for summary determination on the complainant's failure to satisfy the economic prong of the DI requirement, is reviewable...

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