To access the ITC, Section 337 requires a complainant to show that it maintains the required level of economic activity within the United States, and prove that this economic activity is devoted to exploiting the intellectual property right at issue. To adequately satisfy these requirements, complainants must show that they belong to a “domestic industry” that needs protection.

Be sure to join us in this closing session as we look at recent decisions and the effects of proposed revisions to these requirements.

Topics for discussion include:

• Takeaways from recent Federal Circuit decisions (Wuhan v. ITC and Lashify v. ITC)
• Potential impacts to the status of the ITC’s “mere importer” test
• Insights into “significance” and “substantiality” requirements
• Increasing role of domestic industry economic prong in ITC cases