Domestic Industry Continued To Evolve At ITC In 2014

Law360, New York (January 8, 2015, 1:15 PM EST) -- The domestic industry requirement at the U.S. International Trade Commission continued to evolve in three significant opinions in 2014. In one opinion, the commission set forth a nexus requirement for establishing that domestic investments exploit the asserted intellectual property right. In two other opinions, the commission instituted a requirement that domestic articles must exist to support a licensing-based domestic industry, but declined to require that this licensing drive production of the domestic articles. We review these recent developments and identify a number of questions that remain to be answered.

Background of the ITC’s Domestic Industry Requirement

The ITC is a federal...

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