Spotlight On Upcoming Oral Arguments – April 2019

Hyosung TNS Inc. v. ITC, No. 17-2563, Courtroom 402

In this appeal from the ITC, Hyosung seeks reversal of the ITC's exclusion order for Hyosung's ATMs.  Diebold filed a complaint with the ITC alleging that Hyosung's ATMs infringe the claims of U.S. Patent Nos. 6,082,616 ("the '616 patent") and 7,832,631 ("the '631 patent").  The ITC instituted an investigation based on Diebold's complaint.  At the conclusion of the investigation, the ITC issued its final opinion finding that Hyosung's ATMs infringe the patents and that Diebold satisfied the "domestic industry" requirement under 19 U.S.C. § 1337(a)(3).

Hyosung argues that the ITC erred in concluding that the "domestic industry" requirement was met for the '631 patent.  Specifically, Hyosung argues that Diebold failed to demonstrate that significant or substantial expenditures related to the '631 patent.  Hyosung contends that Diebold's failure to show any significant expenditures after 2010 is evidence that any