On July 5, 2013, ALJ Theodore R. Essex issued a notice Regarding the Initial Determination  (“ID”) on the Economic Prong of the Domestic Industry Requirement in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874).

By way of background, the investigation is based on a complaint and amended complaint filed by Lamina Packaging Innovations LLC (“Lamina”) alleging violation of Section 337 in the importation into the U.S. and sale of certain products having laminated packaging, laminated packaging and components thereof that infringe one or more claims of U.S. Patent Nos. 6,207,242 and 7,348,067.  See our February 21, 2013 and March 25, 2013 posts for more details on Lamina’s complaint and the ITC’s notice of investigation.

According to the notice, ALJ Essex determined that: “complainant has failed to satisfy the economic prong of the domestic industry requirement and has failed to show that a domestic industry is in the process of being established.” 

This investigation is the first one using the ITC’s new pilot program that seeks to collect facts and issue an early ruling on the domestic industry issue.  See our June 27, 2013 post for more details on the ITC’s new pilot program.