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Federal Circuit panel affirms finding of no domestic industry based on ongoing litigation

USA - June 27 2013 The Federal Circuit recently upheld the decision of the U.S. International Trade Commission that Motiva, LLC had failed to satisfy the domestic…

ITC issues new final rules on Section 337 Practice and Procedure

USA - May 31 2013 The United States International Trade Commission (ITC) has amended its Rules of Practice and Procedure concerning rules of general application…

Federal Circuit clarifies ITC domestic industry requirement for non-practicing entities

USA - January 31 2013 In an opinion that further reinforces the authority of the U.S. International Trade Commission's (ITC) to conduct Section 337 investigations…

Six-year-long ITC investigation concludes with finding of obviousness

USA - December 27 2012 After a protracted investigation that involved two separate appellate opinions, the U.S. Court of Appeals for the Federal Circuit affirmed a final…

Domestic industry based on licensing exists independently of domestic industry based on articles protected by patent made in the United States

USA - September 28 2012 Addressing the domestic industry requirement of § 337 in the context of licensing activities, the U.S. Court of Appeals for the Federal Circuit found that there is no need to establish that the articles that are the objects of the licensing activities are made in this country.