Analysis

ITC Domestic Industry Ruling A Warning For NPE Licensees

Law360, New York (March 20, 2017, 9:02 PM EDT) -- A recent U.S. International Trade Commission decision allowing a patent owner to rely on its licensee’s activities to satisfy the trade body's domestic industry requirement illustrates a way for nonpracticing entities to get in the ITC’s door that could be a costly headache for their unsuspecting licensees, attorneys say.

The case hinged on the ITC’s domestic industry requirement, which states that in order to file a patent suit at the commission, the patent owner must show that a U.S. industry exists for products protected by the...
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