Coverage since August 21, 2001

International Trade Commission

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InterDigital Communications v. ITC — Federal Circuit Holds Patent Licensing Alone Satisfies ITC Domestic Industry Requirement

The Federal Circuit affirmed that a patent holder whose domestic industry consists solely of licensing activities — with no domestic manufacturing — can satisfy Section 337’s domestic industry requirement at the ITC, opening the door wider for non-practicing entities to use exclusion orders as

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Kyocera Wireless v. ITC — Federal Circuit Limits ITC Power to Exclude Downstream Products of Non-Parties in Section 337 Cases

The Federal Circuit held that the ITC’s limited exclusion order authority under Section 337 does not extend to downstream products of non-parties to the investigation — rejecting the ITC’s longstanding practice of excluding finished goods containing infringing components made by responde

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