Lelo Makes ITC Less Appealing To Potential Complainants

Law360, New York (May 13, 2015, 10:16 AM EDT) -- The Federal Circuit this week rejected the U.S. International Trade Commission’s attempt to expand the economic prong of the domestic industry requirement to “qualitative” investments alone, holding that actual, “quantitative” investments must be identified and analyzed to determine whether they are “significant” or “substantial.” Lelo Inc. v. ITC, __F.3d__, Slip Op. at 11 (Fed. Cir. May 11, 2015). In Lelo, the commission had found that even though the quantitative investments in the patented components were insignificant relative to overall domestic activities, the components’ “crucial” importance to the domestic industry products was sufficient standing alone to satisfy the economic prong. Id. at 6....

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