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LES Publishes Kevin Davis, Steve Levitan, Jeffrey Whittle & Barry Herman Article on IP Enforcement Expansion by ITC
Apr 28 2025
The Licensing Executive Society USA & Canada (LES) recently published Kevin Davis, Steve Levitan, Jeffrey Whittle, and Barry Herman’s article on “Expansion of IP Enforcement by the International Trade Commission”.
A recent decision by the U.S. Court of Appeals for the Federal Circuit significantly expands the scope of the "domestic industry requirement" under Section 337 of the Tariff Act, allowing companies to rely on investments in activities like sales, marketing, warehousing, quality control, and distribution—even without U.S.-based manufacturing—to enforce IP rights through the International Trade Commission (ITC). The ruling, showcased in the Lashify, Inc. v. US International Trade Commission case, clarified that such investments can satisfy the economic prong of the requirement, emphasizing the flexibility provided by Section 337’s use of "or" between its criteria.
This decision, alongside the court’s earlier ruling in Wuhan Healthgen Biotechnology Corp. v. ITC, opens ITC enforcement opportunities to businesses with key operations in the U.S., even if their products are manufactured overseas. While this strengthens U.S. businesses' ability to protect IP assets, it also raises the risk of IP infringement claims for importers, signaling a significant shift in IP law enforcement dynamics.
