Previously, the ITC would establish that a company met the "domestic industry" standard at the same time it determined if a patent or patents had been infringed - at the end of the case.
The pilot program was praised by the ITC Working Group, which includes representatives from Avaya Inc, Broadcom Corp, Cisco Systems Inc, Google Inc, Hewlett Packard Co, Intel Corp and Oracle Corp.
The group has been working to rein in "patent assertion entities," or trolls, which create nothing, but often buy and license portfolios of patents from others and then file infringement lawsuits.
"Addressing this will require more than administrative fixes, but the pilot program is a step forward that could help limit costly and unnecessary patent cases," ITC Working Group Executive Director Matt Tanielian said in a statement.
The ITC became a favorite venue for companies to pursue patent litigation after a 2006 Supreme Court decision called eBay v. MercExchange, which made it harder for district courts to ban sales of products for patent infringement.
The White House suggested recently that Congress change the ITC's statute so the same standard is used for rulings by the commission as in district courts.
(Reporting by Diane Bartz. Editing by Andre Grenon)
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