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Expert Analysis - Opinion

ITC Should Reconsider Realtek R&D Standard

By Rett Snotherly (May 22, 2018, 11:52 AM EDT) -- This article raises concerns about the U.S. International Trade Commission's 2014 decision in Certain Integrated Circuit Chips and Products Containing the Same,[1] one of a number of cases in recent years tightening the domestic industry requirement in Section 337 litigation. The decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts. The commission should reconsider its holding in IC Chips when the opportunity arises....

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