Lelo Inc. v. International Trade Commission

REYNA, Circuit Judge.

Appellants appeal the finding of the U.S. International Trade Commission that the domestic industry requirements of § 337 were satisfied upon a showing of a “significant investment in plant or equipment” and a “significant employment of labor or capital.” 1 See 19 U.S.C. § 1337(a)(3). Because the ITC’s domestic industry analysis and determination was based on qualitative factors, we reverse.

Background

Standard Innovation Corporation (“Standard Innovation”), founded in 2004 and headquartered in Ottawa, Canada, is the assignee of U.S. Patent No. 7,931,605 (the '605 Patent).…