In the Matter of Certain Multimedia Display and Navigational Devices
- Case Date: 5/24/2011
- Project Name: Civil Justice Reform
On July 22, 2011, the International Trade Commission (ITC) broadly construed its “domestic industry” requirement, thereby limiting its jurisdiction over patent disputes. The decision was a victory for WLF, which filed a brief urging the ITC to limit its jurisdiction. The ITC has authority to regulate trade disputes between U.S. industries and foreign competitors, including patent infringement claims. The ITC is hearing a complaint regarding the import of personal navigation devices. WLF argued that the ITC lacks jurisdiction to hear patent disputes unless the complainant operates a business in the U.S. related to articles protected by the patent. The ITC agreed, holding that the Japanese complainant had not established that it maintains a “domestic industry.” Although the complainant argued that its domestic industry consisted of U.S.-based efforts to license its patents, the ITC held that those efforts were not sufficiently “substantial” to meet the domestic industry requirement.
More Information and Downloads:
5/24/2011: Download the Brief
Litigation Update: ITC Broadly Construes "Domestic Industry" Requirement