Roku's petition raises critical questions regarding the ITC's interpretation of its Section 337 authority, particularly about the application of 'domestic industry' standards in patent violation cases.
The ITC's role as a protector of U.S. industries has been under scrutiny, especially regarding its near-automatic issuance of exclusion orders against alleged infringers, limiting the scope of fair competition.
Roku's challenge hinges on whether the ITC properly evaluated the nexus between investments in unpatented software and the scope of the patent asserted in this case.
This case encourages a reevaluation of the ITC's practices in IP disputes, bringing into question the balance between industry protection and fostering competitive market conditions.
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