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