Federal Circuit’s Landmark Ruling Expands ITC Patent Case Eligibility with Domestic Expenses

The Federal Circuit has issued a ruling that could have significant implications for patent litigation at the U.S. International Trade Commission (ITC). This decision allows domestic expenses related to sales, marketing, and other activities to be considered valid justifications for companies to initiate ITC patent cases. This ruling comes after the ITC’s previous stance that such costs should not permit involvement in patent disputes. Notably, the case aboard this judicial decision was initiated by eyelash extension company Lashify, which had its suit previously dismissed by the Commission.