The ITC permits a domestic industry to be based on any claim of an asserted patent even if the claim defines an article that is different from the investigated article of commerce.
In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists.
The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not excluded from importation.
Parties considering whether to pursue litigation in a district court or the ITC should know that service against a foreign respondent is easier at the ITC.
New ITC patent rules will go into effect for all investigations instituted after June 7, 2018. The rules are likely to have an immediate impact on practitioners and litigants.