Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments, ITC Blog

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Administrative Law Judge Lord held the economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments. In re Certain LED Lighting Devices, LED Power Supplies, And Components Thereof, Inv. No. 337-TA-1081, Order No. 54. In a recent post, we discussed how the ITC made it easier for some complainants to meet the technical prong of the domestic industry requirement. This Order also makes it easier for complainants to meet the economic prong of domestic industry.

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