Federal Circuit Revives Lashify ITC Eyelash Kit Patent Probe (2)

The Federal Circuit Wednesday simplified a key test for determining which patent owners are entitled to relief at the International Trade Commission, potentially making the agency a more inviting venue for patent disputes.

The ITC misinterpreted the “domestic industry” requirement of Section 337 of the Tariff Act, which governs unfair trade practice investigations, when it ended a probe into whether Lashify Inc.'s competitors infringed two design patents and utility patents relating to eyelash extension kits, according to a precedential opinion issued Wednesday by the US Court of Appeals for the Federal Circuit. Lashify accused Qingdao Hollyren Cosmetics Co. of infringing ...