Frank Liu, a partner in Troutman Pepper Locke’s Intellectual Property Practice Group, was quoted in the March 16, 2026 Law360 article, “Manufacturing Factor Adds More New Twists to AIA Cases.”

The factors identified in the memo could benefit patent owners who are already pursuing an ITC case, since “you’ve got that information handy, and you can go ahead and put that into your patent owner discretionary denial brief,” said Frank Liu of Troutman Pepper Locke LLP.

Troutman’s Liu noted that if a multinational corporation without a U.S. manufacturing presence is challenging a patent owned by a company that makes products in the U.S., “that could make it somewhat harder for you to get an IPR instituted, so it will probably make you think twice before filing it.”

If neither party makes products in the U.S., however, “I think it kind of ends up being a factor that doesn’t have any impact on the analysis,” he said.

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