Motiva LLC v. International Trade Commission
Litigation alone is not substantial investment in a licensing program to satisfy the domestic industry requirement of § 337 at the time of filing an ITC complaint.
Litigation alone is not substantial investment in a licensing program to satisfy the domestic industry requirement of § 337 at the time of filing an ITC complaint.
The domestic industry requirement of 19 U.S.C. § 1337 necessary to give make 19 U.S.C. § 1337 applicable may be satisfied by substantial licensing activities alone. Also, claim differentiation creates a strong presumption that a claim term in an independent claim is different from a similar claim term in a dependent claim unless the specification has defined the terms as equivalent or differentiation has been clearly disavowed.