Law360, New York ( October 17, 2011, 12:17 PM EDT) -- The International Trade Commission recently announced it will give "production-driven licensing" more weight than "revenue-driven licensing" when considering whether a complainant's licensing activities constitute a substantial investment toward a domestic industry under 19 U. S. C. section 1337 (a)(3)(C). Certain Multimedia Display and Navigation Devices and Systems, Inv. No. 337-TA-694, Comm'n Op. at 25 (Aug. 8, 2011). The ITC further announced it will not revisit its practice of not requiring compliance with the "technical prong" for proof of domestic industry based on licensing, an issue it found to be "beyond the scope of review. " Id. at 7, n. 3. Both decision were in error. . . .
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