On December 16, the Federal Circuit issued an Opinion by Chief Judge Rader in Motorola Mobility, LLC v. ITC, Appeal No. 2012-1535, affirming the ITC’s determination in Certain Mobile Devices Associated Software And Components Thereof, Inv. No. 337-TA-744, that Motorola violated Section 337 by infringing Microsoft’s ’566 patent, and that the ’566 patent was not shown by Motorola to be invalid and was shown by Microsoft to satisfy the domestic industry requirement.  A notable aspect of this Opinion is the Federal Circuit’s affirmance of the Commission’s determination that Microsoft proved a domestic industry by relying on separate parts of its product protected by the patent for the technical and economic prongs of the domestic industry requirement.   Specifically, Microsoft relied on “its operating system” to satisfy the technical prong and the “hardware” of its mobile devices to satisfy the economic prong.  The Commission found that “[t]he operating system is a part of the entire mobile device (or computer) whereas the hardware is another part of such device.”  The Federal Circuit held that “nothing in §337 precludes a complainant from relying on investments or employment directed to significant components, specifically tailored for use in an article protected by the patent. . . .  An investment directed to a specifically tailored, significant aspect of the article is still directed to the article.”