After the ITC called for early disposition of the domestic industry question in Taurine (Inv. 1146), the patent holder withdrew its complaint. The episode shows how the early disposition program is helping to reduce the ITC's disruptive impact on the U.S. patent system by weeding out some duplicative Section 337 cases that have no patent or trade policy rationale.
A look at the ITC's docket in 2018 shows how Section 337’s domestic industry requirement regularly fails to fulfill its legislative purpose.
Congress wanted Section 337 to be utilized on behalf of U.S. industries involved in trade disputes, but the ITC often adjudicates patent licensing disputes that have nothing to do with cross-border trade and issues remedies against domestic industries.
The complainant in the Taurine investigation is an independent inventor who has not yet found anyone willing to license his patent. The ITC has granted a request from respondents to conduct early disposition proceedings on whether his unsuccessful licensing activity satisfies the domestic industry requirement.