ID Granting Summary Determination of Domestic Industry
On July 27, 2009, Chief ALJ Luckern issued the public version of his March 10, 2009, ruling granting complainant’s motion for summary determination that a domestic industry based on licensing activities existed in the United States in Inv. No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and Components Thereof. ALJ Luckern concluded that complainant’s existing licenses of patent portfolios related to and including the patent-at-issue to companies located throughout the world satisfied the licensing element of the domestic industry requirement. ALJ Luckern found no Commission precedent that required a complainant to establish that each of the asserted patents is more “important” than any others in the portfolio, so long as the licensing activities are substantial and connected to the asserted patents. In any event, the ALJ noted that the asserted patents must be important parts of the licensed patent portfolios as complainant’s are enforcing them in the instant investigation. (PDF)
