The requirement of establishing a “domestic industry” in articles protected by a patent is a unique and important aspect of Section 337 litigation. Judge Shaw recently released an order denying the complainant’s request for summary judgment on the economic prong of the domestic industry requirement in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067 (Jan. 23, 2018). The denial came despite complainant’s allegations that it is a “significant employer.” Judge Shaw’s reading of US International Trade Commission precedent on these issues may prevent the complainant from succeeding at trial on the economic prong of the domestic industry. Our sister publication, the Global IP and Technology Law Blog takes a closer look at the domestic industry requirement and the recent order here.
