Definition of Patent IV

Economic Prong of Domestic Industry And Value-Added Analysis  March 29, 2014 – 03:14 am
Y, R1, R2, R3, R3', R4 One of the requirements of finding a violation of section 337 of the Tariff Act of 1930 is that the Complainant must establish that “an industry in the United States, relating to the articles protected by the [intellectual property right] ... concerned, exists or is in the process of being established. Related posts:
  1. Do you have what it takes to bring suit at the ITC? — Standing and the ITC’s domestic industry requirementPut simply, Section 337 requires that an ITC complainant show that, as of the time of filing, (a) it maintains a certain level of economic activity within the United States in connection with the asserted intellectual property right, and (b) this economic activity is devoted to exploiting the intellectual property right at issue (in the case of a patent, at least one claim of the asserted patent). Alternatively, the complainant may show that a domestic industry “is in the process of being established.” This standing requirement is called the “domestic industry requirement, ” and the two sub-requirements listed above are called...
  2. Patent Litigation Investors Follow the Money to the ITCThe avalanche of patent assertion entities (PAE) cases, in the ITC and District Court, exists because the PTO issues hundreds, if not thousands of patents that can be asserted against every minute feature and functionality of tech products and services. The overwhelming majority issued to so-called inventors who played no part in developing these features and functionalities, including to patent mills that specialize in stalking the development of technology standards and obtaining claims they hope will read on those standards. And tech patent applications often pend (through continuations) for 10 years or more, enabling patentees to intentionally draft claims to...

Source: | Patents & Patent Law

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