Alert 04.08.25
Lashify v ITC: The Federal Circuit Redefines the Domestic Industry Requirement
The Federal Circuit has overturned the U.S. International Trade Commission’s longstanding interpretation of section 337(a)(3)(B).
Ric Macchiaroli focuses his practice on Section 337 investigations before the U.S. International Trade Commission, and the enforcement of Intellectual Property Rights before U.S. Customs.
Ric has represented complainants, respondents, and third parties in over 50 Section 337 investigations before the U.S. International Trade Commission (ITC), involving a wide range of technologies across numerous industries. Ric has extensive experience with all phases of Section 337 litigation, including enforcement actions, modification proceedings, bond forfeiture, and early disposition proceedings. Ric also has experience representing companies before U.S. Customs and the Court of International Trade related to the enforcement of ITC exclusion orders.
Representative Experience
- Successfully obtained initial determination on violation and recommended determination for a general exclusion order covering battery packs on behalf of complainant power tool company. Certain Batteries and Products Containing Same, 337-TA-1244.
- Successfully defended IT networking companies in a patent-based section 337 investigation. Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof, 337-TA-1227.
- Secured clearance for design-around product in co-pending actions before the ITC, U.S. Customs, and the Court of International Trade. Certain Access Control Systems and Components Thereof, 337-TA-1016.
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- Represented third party biotechnology company in response to ITC subpoena for documents and testimony. Certain Plant-Derived Recombinant Human Serum Albumins (“rHSA”) and Products Containing Same, 337-TA-1238.
- Represented manufacturer of industrial drill bits in patent-based section 337 investigation. Certain Polycrystalline Diamond Compacts and Articles Containing Same, 337-TA-1236.
- Obtained favorable settlement for respondent in patent-based section 337 investigation related to agricultural wrapping material. Certain Wrapping Material and Methods for Use in Agricultural Applications, 337-TA-1210.
- Successfully terminated respondent from patent-based section 337 investigation based on consent order. Certain Electronic Candle Products and Components Thereof, 337-TA-1195.
- Obtained favorable settlement for consumer electronics manufacturer in patent-based section 337 investigation related to motion sensing technology. Certain Electronic Devices with Optical Filters and Optical Sensor Systems and Components Thereof, 337-TA-1187.
- Successfully terminated respondent from patent-based section 337 investigation based on consent order. Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials, 337-TA-1184.
- Represented complainant medical device manufacturer in trade secret-based section 337 Investigation. Certain Bone Cements and Bone Cement Accessories, 337-TA-1175.
- Successfully defended medical device manufacturer in trade secret-based section 337 Investigation. Certain Bone Cements and Components Thereof, 337-TA-1153.
- Represented multiple respondents in patent-based section 337 investigation regarding drone technology. Certain Unmanned Aerial Vehicles and Components Thereof, 337-TA-1133.
- Successfully defended two national retail stores in patent-based section 337 investigation regarding carburetor technology. Certain Carburetors and Products Containing Such Carburetors, 337-TA-1123.
- Represented complainant in trade secret-based section 337 investigation regarding metal alloy manufacturing technology. Certain Amorphous Metal and Products Containing Same, 337-TA-1078.
- Obtained favorable settlements on behalf of complainant in patent-based section 337 investigation related to ink cartridge technology. Certain Inkjet Printers, Printheads, Ink Cartridges, Components Thereof, Products Containing Same, 337-TA-1011.
- Obtained favorable settlement on behalf of respondent in patent-based section 337 investigation involving heigh-adjustable desk technology. Certain Height-Adjustable Desk Platforms, Inv. No. 337-TA-970.
- Obtained favorable settlement on behalf of respondent computer manufacturer regarding noise cancelling technology. Certain Audio Processing Hardware and Software and Products Containing Same, 337-TA-949.
- Obtained favorable settlement on behalf of respondent national retail store in trademark-based section 337 investigation concerning footwear trademarks. Certain Footwear Products, 337-TA-936.
- Represented complainant automotive supplier in patent-based section 337 regarding machine vision technology. Certain Vision-Based Driver Assistance System Cameras and Components Thereof, 337-TA-907.
- Successfully defended respondent automotive supplier in patent-based section 337 regarding machine vision technology. Certain Vision-Based Driver Assistance System Cameras and Components Thereof, 337-TA-899.
- Successfully terminated respondent from patent-based section 337 investigation. Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof, 337-TA-874.
- Obtained favorable settlements on behalf of two respondents in patent-based section 337 investigation regarding magnet sintering technology. Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same, 337-TA-855.
- Obtained favorable settlements on behalf of two respondents in patent-based section 337 investigation regarding mechanical connector technology. Certain Electronic Devices Having a Retractable USB Connector, 337-TA-843.
- Successfully defended consumer electronics manufacturer in patent-based section 337 investigation regarding computer memory devices. Certain Computer and Computer Peripheral Devices, Components Thereof, Products Containing Same, 337-TA-841.
- Represented respondent television manufacturer in patent-based section 337 investigation regarding interactive program guide and parental control technology. Certain Products Containing Interactive Program Guide and Parental Controls Technology, 337-TA-820.
- Successfully terminated respondent from patent-based section 337 investigation based on consent order. Certain Digital Photo Frames and Image Display Devices and Components Thereof, 337-TA-807.
- Obtained favorable settlement on behalf of respondent television manufacturer in patent-based section 337 investigation regarding semiconductor technology. Certain Digital Televisions Containing Integrated Circuit Devices and Components Thereof, 337-TA-806.
- Obtained favorable settlements with multiple respondents on behalf of complainant television manufacturer in patent-based section 337 investigation regarding digital signal technology. Certain Digital Televisions and Components Thereof, 337-TA-789.
- Obtained favorable settlements on behalf of multiple respondents in patent-based section 337 investigation regarding audio and video technologies. Certain Motion-Sensitive Sound Effect, Image Display Devices, Components, Products Containing Same, 337-TA-773.
- Obtained favorable settlement on behalf of respondent semiconductor manufacturer in patent-based section 337 investigation regarding memory controller and signals technology. Certain Semiconductor Chips and Products Containing Same, 337-TA-753.
- Obtained favorable settlement on behalf of respondent television manufacturer in patent-based section 337 investigation regarding signals technology. Certain Digital Televisions and Components Thereof, 337-TA-742.
- Obtained favorable settlement on behalf of complainant television manufacturer in patent-based section 337 investigation regarding signals technology. Certain Flat Panel Digital Televisions and Components Thereof, 337-TA-733.
- Obtained favorable settlement on behalf of respondent semiconductor manufacturer in patent-based section 337 investigation regarding semiconductor lithography technology. Certain Semiconductor Products Made with Advanced Lithography Techniques, 337-TA-729.
- Obtained favorable settlement on behalf of respondent semiconductor manufacturer in patent-based section 337 investigation regarding semiconductor design technology. Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing Same, 337-TA-716.
- Obtained favorable settlement on behalf of respondent television manufacturer in patent-based section 337 investigation regarding video display technology. Certain Video Displays, Components Thereof, and Products Containing Same, 337-TA-687.
- Obtained favorable settlement on behalf of respondent manufacturing equipment manufacturer regarding machine vision technology. Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same, 337-TA-680.
- Successfully terminated respondent from patent-based section 337 investigation based on consent order. Certain Prepregs, Laminates, and Finished Circuit Boards, 337-TA-659.
- Obtained favorable settlement on behalf of respondent semiconductor manufacturer in patent-based section 337 investigation regarding semiconductor manufacturing technology. Certain Semiconductor Integrated Circuits Using Tungsten Metallization, Products Containing Same, 337-TA-648.
- Obtained limited exclusion order on behalf of complainant bulk container manufacturer in patent-based section 337 investigation regarding container design technology. Certain Intermediate Bulk Containers, 337-TA-638.
- Obtained favorable settlement on behalf of respondent consumer electronics manufacturer in patent-based enforcement action concerning video display technology. Certain Liquid Crystal Display Devices and Products Containing Same, 337-TA-631.
- Obtained favorable settlements on behalf of complainant memory device manufacturer in patent-based section 337 investigation regarding flash memory technology. Certain Flash Memory Controllers, Drives, Media Cards, Media Players and Products Containing Same, 337-TA-619.
- Obtained favorable settlement on behalf of multiple respondent television manufacturers in patent-based enforcement action concerning signals technology. Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same, 337-TA-617.
- Represented respondent semiconductor manufacturer in patent-based section 337 investigation regarding semiconductor design technology. Certain Semiconductor Chips with Minimized Package Size and Products Containing Same, 337-TA-605.
- Successfully defended respondent computer peripheral manufacturer in patent-based section 337 investigation regarding switching technology. Certain Switches and Products Containing Same, 337-TA-589.
Professional Highlights
- Top 100 Most Active ITC Attorneys, ITC Intelligence Report, Patexia (2020, 2021)
- Best Performing ITC Attorneys, ITC Intelligence Report, Patexia (2020)
- Member, International Trade Commission Trial Lawyers Association
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- Blog Posts
- “Safeguarding the U.S. Construction Industry from Unfair Competition Abroad,” Pillsbury’s Gravel2Gavel, September 28, 2022
Education
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J.D., George Mason University School of Law, 2000
B.A., Political Science, Gettysburg College, 1996
B.A., Psychology, Gettysburg College, 1996
Admissions
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District of Columbia
Virginia
Courts
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U.S. District Court for the Eastern District of Virginia
U.S. Court of Appeals for the Federal Circuit