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Lashify prevails on appeal to Federal Circuit, case remanded to USITC

( March 5, 2025, 21:06 GMT | Official Statement) -- MLex Summary: The US Court of Appeals for the Federal Circuit, in a precedential decision, vacated and remanded findings by the US International Trade Commission that Lashify failed to satisfy the economic prong of the domestic industry requirement under Section 337 of the Tariff Act. On remand, the panel ruled, the USITC must "count Lashify’s employment of labor and capital even when they are used in sales, marketing, warehousing, quality control, or distribution, and the Commission must make a factual finding of whether those qualifying expenses are significant or substantial based on ‘a holistic review of all relevant considerations,’” the panel concluded.See attached document....

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