The U.S. International Trade Commission (“ITC”) is one of the hottest venues for patent enforcement in the US; it is an independent federal agency within the U.S. federal government that protects U.S. domestic industry against unfair foreign competition including infringements of patents, trademarks and copyrights. The ITC investigates unfair competition in patents, trademarks and copyrights under Section 337 of the Tariff Act (hence “Section 337 proceeding”), a provision in U.S. law meant to exclude infringing goods manufactured in foreign countries.
A Section 337 case is like a conventional U.S. district court case, with the additional elements of importation and domestic industry. Importation is proven when the accused article is imported within the customs territory of the U.S.2 A patent holder can meet the domestic industry requirement through licensing activities alone.3 This approach is sensitive to decisions made by the licensing executive, often long before the litigators arrive on the scene.
This article points out that licenses of a patent portfolio to a third party can be relied upon to establish a domestic industry that deserves protection under a Section 337 proceeding.

Seminar Information
Seminar Date:
July 24, 2012
Using Portfolio-Wide Licenses To Establish Domestic Industry In Section 337 Proceedings
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