On October 25, 2016, the Commission issued a notice extending the target date until November 15, 2016, in Certain Electric Skin Care devices, Brushes and Chargers Therefore, and Kits Containing the Same, Inv. No. 337-TA-959.

As noted in our April 26, 2016, client alert, in her Initial Determination (“ID”) granting summary determination that a violation of Section 337 had occurred, Judge Lord held that expenditures for research and development must be excluded from the domestic industry analysis under subsections (A) and (B) of 19 U.S.C. § 1337(a)(3).  On May 26, 2016, the Commission determined to review the ID in part, including Judge Lord’s findings on domestic industry.  The Commission, however, did not request any briefing on domestic industry topics.

The Commission’s take on this nuanced domestic industry issue was expected this week, but we will have to wait until November 15 for its determination.  Jones Day will continue to monitor Certain Electric Skin Care Devices and will provide updates as they develop.

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Blaney Harper's practice focuses on strategic patent litigation representing electronics, software, and information technology companies in matters such as patent enforcement in United States District Courts and the International Trade Commission (ITC). Blaney also represents and counsels clients concerning patent portfolio development and patent prosecution and appeal, including Inter Partes Review, in the USPTO. Blaney co-chairs the Firm's ITC practice and is the IP Practice Coordinator for the Washington Office.