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The U.S Supreme Court recently declined to hear a New York manufacturer's case seeking to relax the U.S. International Trade Commission's domestic industry rule that bars companies, including nonpracticing entities, from meeting the standard by pursuing litigation to enforce their patents. 

The case could have presented the Supreme Court with a means to either stiffen or loosen the domestic industry rule, which could have had significant implications for nonpracticing entities trying to pursue patent claims in the ITC.

Mr. Levi, offering expert commentary, said the application of the domestic industry rule, which was the subject of the company’s petition is “very fact-intensive.” Therefore, Levi said he wouldn't expect to see an uptick in the number of litigants urging the ITC to find a domestic industry based on licensing-related litigation expenses.

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