A Big Win for Small Business Patent Owners: Leveling the Patent Litigation Playing Field

By Editorial Team

Small business patent owners have scored a significant victory in patent litigation with the recent ruling by the Federal Circuit in Lashify, Inc. v. International Trade Commission. The ruling, discussed in a podcast on IPWatchdog Unleashed, has far-reaching implications for small business patent owners seeking relief from the ITC.

The ruling overturned an ITC determination that had prevented small business owner and patentee Lashify from accessing the ITC. This decision is crucial because the ITC allows patent owners to obtain injunctive relief without being bound by the Supreme Court's eBay decision, granting powerful remedies like cease-and-desist orders and exclusion orders.

Previously, small business patent owners faced challenges in meeting the domestic industry requirement to access the ITC, particularly if they were "mere importers" without significant research and development activities in the U.S. On the other hand, large corporations with overseas manufacturing facilities could access the ITC based on non-sales and non-marketing activities in the U.S.

The Lashify ruling marks a shift in the ITC's approach to the domestic industry requirement, opening the door for small business patent owners to seek relief from the ITC. This decision is expected to level the playing field in patent litigation and create a more favorable environment for patent owners moving forward.

For more insights on the Lashify ruling and its implications, you can listen to the full podcast episode on IPWatchdog Unleashed or watch the video on the IPWatchdog YouTube channel.