The Federal Circuit is currently deliberating over a decision by the U.S. International Trade Commission (ITC) regarding the definition of a “domestic industry” within the context of a patent dispute involving the eyelash extension company Lashify. The ITC had previously ruled that Lashify’s sales and marketing efforts were insufficient to sustain their claim in a patent suit. However, during Monday’s hearing, members of the Federal Circuit panel expressed skepticism about the ITC’s interpretation, with one judge describing it as nonsensical.
This case underscores the complexities involved in determining what activities constitute the establishment of a domestic industry, a critical requirement in many ITC investigations. The outcome could have significant implications for companies seeking to leverage their marketing and sales operations as part of their legal strategy in patent cases.
For further information on the ongoing proceedings, please refer to the original article on Law360.