The Federal Circuit ruled the U.S. International Trade Commission wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue patent cases, and revived a suit brought by eyelash company Lashify. https://t.co/zrOz1LODQp
Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC https://t.co/Q52nQQG3f3 | by @wolfgreenfield
Lashify v ITC 3/5 #FedCir rejects ITC's narrow interpretation of domestic industry reqt for s337 violation (no deference per LoperBright 2024). "[S]ignificant employment of labor or capital" in US for patented eyelash applicator design is NOT limited to domestic manufacturing...
The U.S. Federal Circuit has denied Teva's request for an en banc rehearing in a patent dispute concerning the Orange Book, a database that lists patents for approved drugs. This decision follows a series of recent rulings that emphasize caution in patent listings. Additionally, the Federal Circuit ruled that the U.S. International Trade Commission (ITC) incorrectly limited the definition of qualifying domestic industry activities. The court's decision allows for broader interpretations of domestic expenses related to sales and marketing, which could enable companies to pursue patent cases more effectively. This ruling also revived a lawsuit from Lashify, a company specializing in eyelash applicators, which had faced challenges under the ITC's previous interpretations.