|McKool Smith Attorney Benjamin Levi quoted in Law360 article |
ITC Domestic Industry Rule Won't Get High Court Review
|October 9, 2012 11:59 pm|
Law360, New York (October 09, 2012, 6:36 PM ET) -- The U.S. Supreme Court on Tuesday declined to hear a New York manufacturer's case seeking to relax the U.S. International Trade Commission's domestic industry rule that bars companies, including nonpracticing entities, from meeting the standard by pursuing litigation to enforce their patents.
Syracuse-based PPC Inc., which makes coaxial cable connectors, sought to reverse both the ITC and Federal Circuit, which found that the company didn't meet Section 337 of the Tariff Act's domestic industry requirement for one of its design patents because the company does not make products that use the technology.
The case could have presented the Supreme Court with a means to either stiffen or loosen the domestic industry rule, which could have had significant implications for nonpracticing entities trying to pursue patent claims in the ITC.
Benjamin Levi of McKool Smith PC said the application of the domestic industry rule, which was the subject of PPC's petition, is "very fact-intensive." Therefore, Levi said he wouldn't expect to see an uptick in the number of litigants urging the ITC to find a domestic industry based on licensing-related litigation expenses.
"I would not interpret the Supreme Court's denial of certiorari as a signal that the High Court seeks to raise the bar on domestic industry," Levi said. "To the contrary, this case presented a vehicle by which the court could have raised the bar, but it chose not to do that."
© Copyright 2012, Portfolio Media, Inc.
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