ITC clarifies domestic industry requirement


Kenneth Adamo & David Maiorana

The recent Coaxial Cable decision confirms that patent litigation activities related to licensing may meet the USITC's domestic industry requirements. Kenneth Adamo and David Maiorana explain

On April 14, 2010, the United States International Trade Commission (ITC) issued a decision in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same, holding that litigation activities related to licensing may qualify to meet the economic prong of the domestic industry requirement in patent-enforcement proceedings before the ITC.

This decision is important since it arguably expands the types of activities that may now be used to show existence of a domestic industry in ITC actions.

The Coaxial Cable decision

USITC, domestic, industry, patents, litigation, Coaxial