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Perspective

May 15, 2009

Protecting Domestic Industries

The International Trade Commission is charged with protecting U.S. industries, and a patent owner seeking relief must show that a domestic industry exists, or is in the process of being established, write Paul Hastings lawyers.

By Stephen Korniczky and James Coughlan

Historically, non-practicing entities have chosen not to enforce their rights at the U.S. International Trade Commission. However, in recent months, non-practicing entities have been filing infringement complaints at the commission with some frequency. While the presence of non-practicing entities at the commission may be the result of certain recent legal developments, some may be vulnerable at the commission in view of its juri...

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