In its quest to assert jurisdiction over a larger and larger share of private patent disputes, the U.S. International Trade Commission has rendered the domestic industry requirement of Section 337 nearly meaningless. So, it's pretty impressive when a case comes along where the quantity of domestic investment is just so miniscule that the complainant can't even pass the ITC's exceedingly lax standard.
Respondents want an early determination from the ITC on complainant’s standing to sue; complaint wants the ITC to delay institution while the parties argue the matter in court. Why not just let the court take care of everything?
Two new ITC patent complaints from GlobalFoundries seek to block a large swath of computing devices that rely on chips manufactured by TSMC, the world’s largest semiconductor fabrication company. But the patent owner assures the Commission that consumers won’t be harmed by the requested ban because at least 39% of the smartphone market will still be available.
In its ITC-related opinions issued so far in 2019, the Federal Circuit has addressed legal issues specific to Section 337 and the curious relationship between federal courts and the trade agency that make up America’s dual-track patent litigation system.