We'll never get to see the Commission's analysis of the public interest factors in Mobile Electronic Devices, which would have provided much-needed guidance on how to apply the test in future cases.
The ITC’s patent powers do not exist so foreign licensing companies can bypass courts and extract settlements through the threat of trade action against American products. But that’s just what’s happening in Data Transmission Devices (Inv. 1150).
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.