InterDigital v. USITC and Nokia (on denial of reh’g en banc)
In a resounding denial of rehearing en banc, the Federal Circuit stressed that patent licensing activities alone satisfy the “domestic industry” requirement of section 337 of the Tarif Act of 1930.
The significance of the ruling cannot be overstated—it will be far easier to prove domestic industry in ITC investigations in the future, particularly for foreign-based corporations who only license technology within the United States. In practical effect, the ruling expands the jurisdiction of the ITC in that many foreign-based corporations with licensing activities within the United States can now rest assured they are permitted to bring actions for infringement and other unfair trade violations at the USITC.
By writing in sole dissent, Judge Newman has proved that the case Federal Circuit almost unanimously agrees—licensing alone is enough to satify the domestic industry requirement in a 1337(a)(2) or 1337(a)(3) violation action.
[Rader (Chief Judge), Newman (dissenting), Mayer, Lourie, Bryson (author), Dyk, Prost, O’Malley, Reyna, Wallach]
[Full Citation: InterDigital v. USITC and Nokia,__ F.3d __, No. 2010-1093 (Fed. Cir. Jan. 10, 2013)(denial of reh’g en banc)]
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