CRA’s Intellectual Property experts were retained by a leading multinational technology company engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence, to analyze whether complainant satisfied the economic prong of domestic industry in an ITC Section 337 investigation involving patented digital media streaming devices and related services. CRA’s expert testified at trial regarding deficiencies in complainant’s supporting documentation, as well as flaws in the complainant’s selection and allocation of qualifying domestic investments. Consistent with CRA’s expert conclusions, the ALJ found that the complainant did not satisfy the domestic industry requirement.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...