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Litigation activities generally cannot be used to establish a domestic industry for purposes of 337
  • McDermott Will & Emery
  • USA
  • October 31 2011

Addressing for the first time whether patent litigation expenses can be used to establish the domestic industry requirement in 337 investigations, the U.S. Court of Appeals affirmed a determination by the U.S. International Trade Commission (ITC) that the complainant failed to satisfy the requirement based on its litigation activities.


Federal Circuit affirms ITC's determination that litigation generally cannot be used to establish a domestic industry
  • McDermott Will & Emery
  • USA
  • October 10 2011

The Federal Circuit has established that litigation activities cannot generally be used to satisfy the requirement in a Section 337 case before the International Trade Commission that the complainant demonstrate a domestic industry has been established.



Todd Welty
  • McDermott Will & Emery

Joel R. Grosberg
  • McDermott Will & Emery

Jia Yau
  • McDermott Will & Emery

John Rhie
  • McDermott Will & Emery

Robert J. Walters
  • McDermott Will & Emery