Libbie DiMarco Quoted by Law360 on ITC Domestic Industry Requirements

Libbie DiMarco was quoted by Law360 in an article titled “ITC Domestic Industry Rules Keep Opening Up In Apple Case.” The article examines a recent Federal Circuit decision in the Apple v. ITC dispute, which further clarifies and, in some respects, eases the requirements for establishing a domestic industry in ITC patent cases.

Libbie noted that while the rulings do not overhaul the law, they represent “subtle shifts” that collectively make the domestic industry requirement “a little bit broader” and easier for complainants to satisfy. “Each one is a small step, but collectively, I think they do make an impact,” she added.

She also highlighted the decision’s significance in allowing certain prototype-related investments to count toward the requirement, while emphasizing that questions remain about how closely those investments must relate to a final product. Read more (subscription required).