The ITC filed a petition for rehearing regarding the Federal Circuit's March decision that altered a Commission determination tied to the domestic industry requirement under Section 337. The ITC argues that the ruling failed to properly interpret statutory language contextually, specifically in regard to the economic prong of domestic industry. The Federal Circuit partially vacated an ITC determination, altering requirements for proving economic prong satisfaction while affirming its findings on the technical prong related to the utility patent at issue.
"The [Federal Circuit's] decision conflates the activity of 'patent ownership' with the activities of a 'mere importer...'" - ITC petition
#patent-law #international-trade-commission #federal-circuit #domestic-industry-requirement #legal-proceedings
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