Federal Circuit Provides Roadmap for Patent Actions at the ITC by Non-Practicing Entities

A recent case decided by the Federal Circuit related to the "domestic industry" requirement for maintaining a patent infringement action at the International Trade Commission was not directed at non-practicing entities. However, the decision in John Mezzalingua Associates, Inc. v. International Trade Commission does have important implications as to NPEs that resort to district court litigation against a few test subjects to establish a "domestic industry" that might open the doorway at the ITC to sue dozens of companies.