On March 18, 2024, Unified filed an amicus brief in support of Roku's petition for rehearing or rehearing en banc by the U.S. Court of Appeals for the Federal Circuit in Roku v. ITC on the issue of relaxed enforcement of the economic domestic industry requirement in ITC cases. In the brief, Unified explores the trends of NPE activity at the ITC, where exclusion orders can and have been used to extract larger settlements than would be available in district courts due to this relaxed enforcement of domestic industry. Unified accordingly requests the Court clarify how the domestic industry requirement is analyzed, and argues it should be done in a manner consistent with the ITC's purpose of protecting unfair trade, and consistent with statutory language.
Unified Patents is represented by in-house counsel, David Seastrunk, Michelle Aspen, and Jonathan Stroud. Download the amicus brief below.