I hope you and Teremoto are right regarding the Domestic Industry requirement. My question is : If it is, as you say, it is just a matter of the opposition attorneys wishing to make this important, why didn't the ALJ deny TPL's motion to exclude Garmins argument about this very important requirement?
NOTICE OF INSTITUTION OF INVESTIGATION
Institution of investigation pursuant to 19 U.S.C. § 1337
AGENCY: U.S. Intemational Trade Commission
ACTION: Notice
SUMMARY: Notice is hereby given that a complaint was filed with the U.S. Intemational
Trade Commission on July 24, 2012, under section 337 of the Tariff Act of 1930, as amended,
l9 U.S.C. § 1337, on behalf of Technology Properties Limited LLC of Cupertino, California,
Phoenix Digital Solutions LLC of Cupertino, Califoniia, and Patriot Scientific Corporation of
Carlsbad, California. The complaint alleges violations of section 337 based upon the importation
into the United States, the sale for importation, and the sale within the United States after
importation of certain wireless consumer electronics devices and components thereof by reason
of infringement of certain claims of U.S. Patent No. 5,809,336 (“the ’336 patent”). The
complaint further alleges that an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainants request that the Commission institute an investigation and, after the
investigation, issue an exclusion order and cease and desist orders.
ADDRESSES: The complaint
