In this issue of Insights we look at a case involving the analysis of commercial success, a Section 337 investigation involving a “value-add” analysis, and a case addressing the “inexorable flow” theory of lost profits.
The authors discuss key points of three cases: FOX Factory, Inc. v. SRAM, LLC, 2018-2024, 2018-2025 (CAFC); Certain Beverage Dispensing Systems and Components Thereof, Investigation No. 337-TA-1130; and Copperhead Industrial, Inc., v. Changer & Dresser, Inc., Case No. 1:18-cv-01228-ACA.
For more information on the cases, click below to download the full piece.
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...