Knobbe/Martens: Intellectual Property Law

Sheila Swaroop

Four New Rules at the ITC That Patent Litigators Need to Know

June 18, 2018 Sheila Swaroop and Jonathan Bachand

The ITC has issued a series of new rules applying to all Section 337 investigations instituted after June 7, 2018.  Although the overall impact of these new rules is not yet known, attorneys will find the following four changes of particular interest.

 

ITC Reiterates the Importance of Quantitative Evidence to Establish a Domestic Industry

On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the domestic industry requirement in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067.

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