IP UPDATE: Edited by Paul Devinsky and Rita
Weeks
Patents / International Trade Commission
Federal Circuit Clarifies ITC Domestic Industry
Requirement for Non-Practicing Entities
By Christopher G. Paulraj
In an opinion that further reinforces the authority of the U.S.
International Trade Commission's (ITC) to conduct Section 337
investigations initiated by non-practicing entities, the U.S. Court
of Appeals for the Federal Circuit found that if the asserted
patent covers the article that is the subject of the proceeding and
the party seeking relief can show substantial investment in
exploitation of the patent so as to satisfy the domestic industry
requirement, that party is entitled to seek relief under section
337. InterDigital Communications, LLC v.
Int'l Trade Comm'n, Case No. 10-1093 (Fed. Cir.,
Jan. 10, 2013) (Bryson, J.) (Newman, J., dissenting).
