Licensing-based Domestic Industry Requires Articles that Practice the Asserted Patent: ITC | Practical Law
In In re Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing Same, the US International Trade Commission (ITC) held that to establish a licensing-based domestic industry under 19 USC § 1337(a)(3)(C), a complainant must show that the licensing pertains to articles protected by the asserted patent.