On March 20, 2015, the United States Court of Appeals for the Federal Circuit decided LSI Corporation v. International Trade Commission, No. 2014-1410, 2015 WL 1260672 (Fed. Cir. March 2015), affirming the Commission’s decision that LSI Corporation and Agere Systems LLC (collectively “LSI”) failed to establish the existence of a domestic industry. The Commission had reversed the ALJ’s conclusion that LSI had established the existence of a domestic industry as to one of the asserted patents, reasoning that there was no evidence that LSI’s licensing activities related to an article practicing the patent. In reaching its conclusion, the Commission relied upon its decision inCertain Computers and Computer Peripheral Devices and Components Thereof, Inv. No. 337-TA-841, 2014 WL 5380098 (Jan. 9, 2014). LSI argued that the Commission retroactively applied a new requirement from the 2014Certain Computers decision to a factual record that had been compiled in 2013, depriving it of the opportunity to produce additional evidence to meet that standard. The Court noted that the Certain Computers decision interpreted a prior Federal Circuit decision, InterDigital Communications, LLC v. International Trade Commission, 707 F.3d 1295 (Fed. Cir. 2013), which held that where a complainant relies upon its investment in licensing activities to establish domestic industry, the licensing activities must relate to the “articles protected by the patent.” The Court held that the InterDigital Decision, which came before discovery closed, gave LSI notice of the evidence needed to meet the domestic industry requirement.