When asserting a patent before the ITC, a complainant must show that a “domestic industry” exists for the asserted patent. The “domestic industry” requirement is a nexus between the asserted patent and some product or activity in the United States. In In re Certain Electronic Imaging Devices, Inv. No. 337-TA-850, (ITC Sept. 30, 2013), an Administrative Law Judge (“ALJ”) found that the licensing activities of Complainant Flashpoint Technology, Inc. (“Flashpoint”) presented a sufficient nexus. In particular, Flashpoint argued that its licensees’ investments in research and development were significant and substantial enough under ITC precedent to prove a domestic industry. The ALJ agreed and found that, under ITC precedent, Flashpoint did not need to allocate the amount spent on research and development for the asserted patents as the Respondents argued. To the extent the research and development related to products involving the asserted patents, a sufficient nexus existed.
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