1. “Whether investments made before a patent issues can satisfy the economic prong of the domestic-industry requirement under 19 U.S.C. § 1337(a)(3), when the statute requires that qualifying investments be made with respect to the articles ‘protected’ by the patent and, before issuance, no patent exists and no articles are protected by it.”
2. “Whether PAX’s asserted pre-issuance investments can satisfy the economic prong of the domestic-industry requirement under 19 U.S.C. § 1337, when PAX was not a licensee of the patents until after they issued.”
