Article
Dometic Decision Shows How Claim Construction Can Derail ITC Domestic Industry Requirements
The Federal Circuit's decision in Dometic Corp. v. International Trade Commission reveals how claim construction disputes can simultaneously undermine both infringement analysis and domestic industry requirements in Section 337 proceedings. This case demonstrates the compounding risks ITC complainants face when their domestic products fail to practice asserted patent claims under the same construction used to establish infringement, even when economic investment in US operations is proven.
Butzel Long