Addressing a decision by the US International Trade Commission
finding a violation of Section 337, the US Court of Appeals for the
Federal Circuit agreed with the Commission on a slew of issues,
including its determination that soliciting comments from a sister
agency regarding the products at issue was sufficient consultation
to satisfy the Commission's statutory obligation to consult.
Philip Morris Products S.A. v. Int'l Trade Comm'n,
Case No. 22-1227 (Fed. Cir. Mar. 31, 2023) (Prost, Reyna,
Stoll, JJ.)
R.J. Reynolds Tobacco Company filed a complaint at the
Commission asserting a Section 337 violation by Philip Morris based
on alleged infringement of three patents directed to tobacco
heating products. During the course of the investigation, the
administrative law judge (ALJ) granted summary determination in
favor of R.J. Reynolds on the economic prong of the domestic
industry requirement as to two of the asserted patents. The ALJ
issued his initial determination
