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Longstanding barriers for patentees at USITC lifted by Federal Circuit

By Melissa Ritti ( March 5, 2025, 21:52 GMT | Comment) -- The US Court of Appeals for the Federal Circuit today vacated and remanded to the US International Trade Commission a determination that artificial eyelash extension maker Lashify failed to satisfy the economic prong of Section 337 of The Tariff Act. The precedential ruling addresses a frequent point of contention among USITC Commissioners: whether the origins of warehoused goods matter to the domestic industry analysis and whether labor and capital must be accompanied by domestic manufacturing. The Federal Circuit answered both questions in the negative, increasing the quasi-judicial agency's attractiveness for patentees at a time it is already fielding more Section 337 complaints than ever before in its history.Lashify has secured reinstatement of an investigation into numerous competitors in the eyelash extensions industry before the US International Trade Commission....

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