On March 5, 2025, the Federal Circuit issued its opinion on an appeal from the United States International Trade Commission (USITC) in Investigation No. 337-TA-1226 (“Lashify”). This opinion has new implications for what types of costs can be considered under the economic prong of the domestic industry requirement for Section 337 investigations.
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 established, as of the filing date of the complaint.
