LG Electronics, Inc. Meets Domestic Industry Prong
ALJ Gildea enters an initial determination that LG Electronics, Inc. (“LG”) met the economic prong of the domestic industry requirement. LG offered evidence relating to its U.S.-based wholly owned subsidiary’s service, repair and support work for LCD and plasma televisions in the United States. LG also selected six LCD television models and three plasma television models as representative samples of products practicing the asserted patents. Respondents argued that LG’s selection of representative samples was insufficient to demonstrate an economic industry. ALJ Gildea disagreed and found that there is no need to show that large quantities of representative products are involved to show that an investment is substantial. ALJ Gildea further found that LG’s evidence involving service of the LG products, such as, phone calls, repair orders, warranty claims, and return authorizations was not objectionable even though LG could not apportion each employee’s time related directly to the representative products. In addition, figures relating to customer calls, return authorizations, technical calls, and product repairs and refurbishments evidence domestic activities relating to the employment of labor and capitol. (PDF)
