On Sunday, May 12, the Federal Circuit affirmed the ITC’s decision in Nintendo v. Motiva LLC, reinforcing that parties must demonstrate domestic industry in order for the ITC to exercise its authority to protect U.S. markets from unfair trade practices. “The ITC is not shutting the door, but it’s like one of those spy movies where you have to get through all these little lasers to get in,” said Finnegan partner Smith R. Brittingham, IV. “They’re saying, ‘We recognize a poor domestic industry when we see one. Congress, you do not need to change our way of doing business to save the world from really tenuous claims.’”
