Re: ITC review.. At the heart of this, Domestic Industry
posted on
Jan 29, 2014 11:04AM
Yes, I am aware of the recent case on the Domestic Industry requirement that came down, but I believe that case was decided before the ITC determined we met the requirement the first time; that's why I find it "odd".
As for the NDC, there was maybe 20 minutes of TPL testimony by DL on their own efforts of product development and sales incorporating the MMP technology; including their manfacturing and merchandising attempt to market a hearing aid device and another item (can't recall off hand).
PTSC (via GF) also testified for maybe 15 minutes that we had a documented history of manufacturing and sales, and attempting to market and commercialize products containing the patents.
It was a successful foundational effort to offset and get infront of any claims that we didn't participate in a domestic industry use. I don't recall offhand, but I believe within the NDC's opinion should be the Judge's acknowlegement of our prior Domestic use, as one of the asserted claims by HTC was that we didn't have any.