Domestic Industry at the ITC and the Impact of Recent Federal Circuit Decisions

About this episode

The episode discusses the evolving landscape of intellectual property enforcement at the ITC, focusing on Section 337 and its implications for domestic industry requirements.

Dr. Pallavi Seth , Principal at The Brattle Group and Co-Leader of the firm’s Intellectual Property practice, welcomes Beau Jackson , Partner at Husch Blackwell and leader of its Section 337 practice, to discuss the evolving landscape of intellectual property enforcement at the US International Trade Commission (ITC). Pallavi and Beau review the legal and economic nuances of Section 337, focusing on the domestic industry requirement – what it means, why it matters, and how it has shifted through landmark Federal Circuit decisions. The conversation highlights recent guidance on what constitutes a significant domestic industry, including the pivotal Lashify case and Beau’s success in the Ventria Bioscience matter. The episode also explores the implications of sales, marketing, and distribution activities, changing thresholds for economic significance, and the broader policy environment influencing the ITC today. Beau and Pallavi provide insights for practitioners and experts navigating complex intellectual property (IP) and trade landscapes. The opinions expressed are those of the speakers and do not necessarily reflect the views of their employer or its clients. This podcast is…

People in this episode

Host: Dr. Pallavi Seth

Guest: Beau Jackson

Topics covered

• intellectual property
• trade
• Section 337
• domestic industry
• legal nuances
• economic significance
• ITC enforcement

Keywords

• intellectual property
• ITC
• Section 337
• domestic industry
• Lashify case
• Ventria Bioscience
• economic significance
• legal advice

Mentioned in this episode

Organizations: The Brattle Group, Husch Blackwell, Ventria Bioscience, Lashify

Places: US International Trade Commission

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