Certain Electric Power Tools, Battery Cartridges, and ... - USITC

commercial realities test in the CooDer Rod investigation referred to theintrinsic relationship between certain separate design and productionpatents and, the potentially separate industries involved in theCooDer Rods investigation. Certwaratus for the Continuous Productiongf CooDer Rod, Inv. No. 337-TA-52, USITC Pub. 1017 (1979). The Commissionnoted that it was "possible that the 'commercial reality' factors mightmilitate in favor of defining separate industries by products despite thefact that they have a trademark in common," but the record in wood W anachines provided no basis for application of the commercial realitiestest. Mood work- , Commission Op. at 41, n. 172. However, theCommission also noted that "it is entirely possible that in anotherinvestigation strong 'commercial reality' factors might well argue in favorof segmenting a broad group of fairly diverse products into groups ofindustries narrower than arrived at by basing the definition on a commonlyshared trademark alone."A.. .Id.One plausible domestic industry definition is a single domesticindustry consisting of complainants' facilities devoted to the exploitationof the intellectual property rights at issue.prtr the "nature andsignificance of business activities test" as described in Tov Tr-,thisdefinition would include the facilities devoted to exploiting the productsmanufactureci in Buford, Georgia.As distinct from the facts in Yoodwo-, most of theproducts in issue would not be components of the domestic industry, Thetools that are imported QC( C241