1. “Whether, for purposes of 19 U.S.C. §1337(a)(3)(B), research and development investments made in a concededly non-patent-practicing device can be considered in determining whether a complainant has established a ‘significant employment of labor or capital’ ‘with respect to’ patent-practicing devices.”
2. “Whether, for purposes of 19 U.S.C. §1337(a)(2), a complainant can establish that an ‘industry in the United States [] relating to the articles protected by [a] patent . . . exists’ when it fails to identify any device that actually practices the patent or make a showing that the physical devices produced are ‘representative’ of the article.”
