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Federal Circuit endorses ‘holistic’ approach to assessing US domestic industry

By Melissa Ritti ( February 7, 2025, 19:33 GMT | Insight) -- A final determination by the US International Trade Commission that Wuhan Healthgen Biotechnology infringed a valid Ventria Bioscience patent won’t be disturbed. In a precedential ruling today, the US Court of Appeals for the Federal Circuit said that although Ventria’s domestic investment in “Optibumin” is “quantitatively small,” even “small market segments can still be significant and substantial enough to satisfy the domestic industry requirement” of Section 1337(a)(3) of the Tariff Act.The US Court of Appeals for the Federal Circuit today endorsed a liberal interpretation of a domestic industry requirement set forth in subparagraph (a)(3) of Section 1337 of the Tariff Act, in a win for not just Ventria Bioscience but also other patent owners hoping to avail themselves of the broad exclusionary relief available only at the US International Trade Commission....

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