In a closely watched case, the U.S. International Trade Commission has ruled that a complainant failed to show that it had a domestic industry in need of patent protection — the first such ruling coming under a new program in which the agency has pledged to resolve key issues earlier in patent investigations.
An ITC judge ruled on July 5 that Lamina Packaging Innovations LLC failed to meet the domestic-industry requirement in a suit against Pernod Ricard USA LLC, Beats Electronics LLC, Diageo North America Inc. and others. If affirmed by the full commission, the ruling means that Lamina's suit alleging that companies are infringing on its packaging patents will not proceed before the commission. The commission, which is empowered to bar imports of products that it deems harm a domestic industry, requires that a company filing a suit must have a domestic industry.
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