A recent decision by the US International Trade Commission (ITC) indicates that foreign-based companies should not overlook the ITC when considering where to enforce their patents. The ITC requires patent owners to demonstrate that a “Domestic Industry” exists or is in the process of being established with regard to the articles protected by their patent. As explained by our IP & Technology Practice colleagues Adam Hess and Christopher Adams, options exist for foreign-based companies to meet this requirement, even if the foreign-based company has little or no operations in the United States.
Please see this blog post on the Global IP & Technology Law Blog for details and the significance of the Court’s decision.