Event
Intellectual Property Owners Association Annual Meeting 2025
Fish & Richardson Principal Roger Denning will speak on the panel “The Newly Expanding Domestic Industry Requirement" at the 2025 Intellectual Property Owners Association (IPO) Annual Meeting, taking place in San Diego, California, on Monday, September 8.
Fish is proud to support the IPO, which advocates for effective and affordable IP ownership rights and offers a wide array of services and educational opportunities for its members. Session details are below.
The Newly Expanding Domestic Industry Requirement
The Federal Circuit's landmark March 2025 opinion in Lashify v. ITC upended decades of International Trade Commission (ITC) practice and precedent, expanding the scope of investments and activities that may be utilized to satisfy the ITC's threshold “domestic industry requirement." This decision came shortly after another domestic industry-related Federal Circuit ruling in Wuhan Healthgen v. ITC.
This session will address the impact of these decisions on Section 337 investigations at the ITC, including whether they have led to (or may lead to) an increase in ITC cases and how litigants and practitioners have changed their strategies and tactics in response. And because Lashify was the first case where the Federal Circuit applied the U.S. Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo to revisit ITC statutory interpretation, it will also address how Loper Bright may impact other areas of ITC practice.