A patent owner may block the importation of infringing products through an exclusion order obtained as a result of a ' 337 investigation conducted by the U.S. International Trade Commission (“ITC” or “Commission”).
The Domestic Industry Requirement at the ITC
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
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