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Articles Protected by Domestic Industry Can be Based on Any Claim of Asserted Patent, ITC Blog

September 2018


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The ITC permits a domestic industry to be based on any claim of an asserted patent even if the claim defines an article that is different from the investigated article of commerce. In a recent order, ALJ Cheney reiterated that "[t]he Commission has long held that in order to satisfy the technical prong of the domestic industry requirement, it is sufficient to show that a domestic industry practices any claim of the asserted patent." Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-1087, Order No. 32 at 8 (emphasis in original).

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