The U.S. Federal Circuit has ruled that the U.S. International Trade Commission's (ITC) interpretation of the domestic industry requirement under Section 337 is overly narrow. This decision expands the criteria for what qualifies as domestic industry, allowing a broader range of economic activities and expenses to be considered. The ruling is expected to significantly increase the number of cases brought before the ITC, as it discards previous limitations on the types of domestic expenses that could support patent suits. Legal experts anticipate that this shift will encourage more companies to engage with the ITC for patent enforcement, marking a notable change in the landscape of intellectual property litigation.
Federal Circuit Expands Scope of Activities That Can Establish a ‘Domestic Industry’ Under Section 337 https://t.co/bd2j60HTOe #IntellectualProperty #Antitrust #Businesses @ArentFoxSchiff https://t.co/VErtHVliWu
Trade Dress Registration – Practical Considerations for Product Manufacturers https://t.co/HJrb1EYwoR | by @bondlawfirm
Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria https://t.co/6q8K4PUORF | by @vinsonandelkins