The Federal Circuit’s decision in Dometic Corp. v. International Trade Commission (April 6, 2026) demonstrates that claim construction disputes can simultaneously undermine both infringement analysis and domestic industry requirements in Section 337 proceedings, creating compounding risks for International Trade Commission (ITC) complainants.
Section 337 Domestic Industry Requirements
Section 337 complainants must satisfy both technical and economic prongs of the domestic industry requirement. The technical prong requires that domestic products practice at least one claim of the asserted patent using the same analytical framework applied in infringement determinations. The economic prong can be satisfied through significant US investment in plant and equipment, substantial domestic employment, or substantial investment in patent exploitation activities.