ALJ Lord issued an Initial Determination (“ID”) in Certain Optical Disc Drives, Components Thereof, And Products Containing The Same, Inv. No. 337-TA-897, granting motions for summary determination on lack of domestic industry and terminating the investigation in its entirety.  The ID held that a licensing entity whose patent-related activities are purely revenue driven cannot choose to prove the existence of the economic prong of a domestic industry entirely through its licensees’ activities under subsections (A) and (B) of section 337(a)(3), essentially avoiding the requirements of subsection (C), which requires evidence of a revenue-driven licensing entity’s own patent-related activities and expenditures.  See e.g., Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-694, Corrected Comm’n Op. (Aug. 8, 2011).  The complainant, Optical Devices, made no attempt to prove any domestic expenditures of its own, arguing that it had no obligation to show such expenditures when relying exclusively on the activities of its licensees to argue that a domestic industry relating to the asserted patents exists.  ALJ Lord determined that complainant’s reliance on its licensees activities to prove the economic prong of domestic industry through purely revenue-driven licenses failed to comport with case law construing section 337(a)(3), including Schaper Manufacturing Co. v. Int’l Trade Comm’n, 717 F.2d 1368 (Fed. Cir. 1983), which found a domestic industry where licensees engage in domestic activities under licenses that relate to development or production of patented articles.