“The ITC is entirely a ‘creature of Congress,’ and the determinative question is not what the ITC thinks it should do, but what Congress has said it can do,” Roku argued.
Roku contended that the Federal Circuit’s affirmation of the ITC decision erodes safeguards designed to limit the use of ITC remedies, potentially enabling misuse of exclusion orders by entities without substantial domestic interests.
Supreme Court Declines Review
By refusing to hear Roku’s appeal, the Supreme Court leaves intact the Federal Circuit ruling, effectively endorsing the ITC’s interpretation of the domestic industry requirement. The high court’s decision not to intervene avoids further examination of the ITC’s authority under Section 337, leaving this contentious issue unresolved for now.
Implications for the Industry
The case underscores ongoing concerns among tech companies over the ITC’s approach to domestic industry requirements. Critics argue that the current framework allows undue leverage for certain patent holders, particularly nonpracticing entities, to obtain exclusion orders against competitors.
