Research Prototypes Count Towards Domestic Industry
Economic investments and activities related to patented pre-commercial and non-commercial articles can meet the ITC’s domestic industry requirement.
Sale of Domestic Industry Product Not Required Prior to Filing Complaint
The ITC recently clarified that 19 U.S.C. 1337(a)(2) does not require that a domestic industry product be sold before a complaint is filed for a domestic industry to exist.
Articles Protected by Domestic Industry Can be Based on Any Claim of Asserted Patent
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.
Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments
The economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments.
Establishing Domestic Industry Based on Future Products
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.
ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement
In a recent decision, the Commission expanded the universe of investments that complainants can use to meet the economic prong of the domestic industry requirement.