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ITC Makes It Easier for Complainants to Meet the Domestic Industry Requirement, ITC Blog

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In a recent decision, the Commission overruled the ALJ to clarify, and ultimately expand, the universe of investments that complainants can use to meet the economic prong of the domestic industry ("DI") requirement. Certain Solid State Storage Drives, Stacked Electronics Components, And Products Containing Same, Comm’n Op., Inv. No. 337-TA-1097 (June 29, 2018) ("Solid State Storage Drives"). First, the ITC explained that engineering and research and development ("R&D") expenses can be counted without necessarily having a nexus to the asserted patent. Second, the ITC allowed certain third party expenses to be counted toward DI investments.

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