In Law360’s “The Biggest Patent Rulings of 2025: A Midyear Report,” Knobbe Martens partner Sheila Swaroop weighed in on the Federal Circuit’s pivotal decision in Lashify Inc. v. International Trade Commission. The ruling, issued in March, significantly broadens the scope of what constitutes a “domestic industry” under Section 337.
The decision overturns longstanding ITC precedent that excluded sales, marketing, and distribution expenditures from domestic industry considerations—an interpretation the Federal Circuit found to be “counter to the statutory text.”
“Expanding the categories of investments that can qualify … opens the door to more U.S. patentees having the ITC available as an enforcement tool,” said Swaroop, chair of the firm’s Litigation Committee.
Read the full article here. [subscription required]
Earlier this year, Swaroop and fellow partner Jonathan Bachand spoke at length with The Recorder about the ITC as an important venue for patent enforcement. Read more and access the full Q&A here.
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