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In order for ITC to have jurisdiction to hear the complaint, there must be an industry in the United States in existence or in the process of being established that relates to the articles protected by the patent concerned. An industry in the United States is considered to exist if there is in the country, with respect to the articles protected by the patent: (1) a significant investment in plant and equipment; (2) significant employment of labor or capital; or (3) substantial investment in its exploitation, including engineering, research and development, or licensing. This is known as the domestic industry requirement.
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