In part one of this two-part series, we discussed
the latest U.S. International Trade Commission developments
involving Patent Trial and Appeal Board proceedings, the public
interest and importation. In part two, we will examine ITC
developments on domestic industry, as well as recent ITC decisions
from the U.S. Court of Appeals for the Federal Circuit and their
practical impact, if any, on Section 337 practice.
Developments on the Domestic Industry Requirement
Last month, the commission declined to consider post-complaint
domestic industry activities in an investigation where the
complainant had asserted that a domestic industry was in the
process of being established.1 The commission determined
that the “small number” of products — 70 units in
total — produced after the filing date did not constitute a
significant and unusual development. It also rejected the
complainant’s reliance on “the alleged
complexity” of the manufacturing process, noting that such
