On Friday, June 29, the US International Trade Commission (USITC) issued an opinion (in Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097), which expresses the Commission’s view on an important aspect of Section 337’s “domestic industry” requirement. USITC stipulates that investments in non-manufacturing activities, such as engineering and research and development, can be used to satisfy the required “significant investment in U.S. plant and equipment” or “significant employment of U.S. labor or capital.”
Our sister blog, Global IP & Technology Law, explains the significance of this opinion here.