Extract Domestic Industry Facts From Domestic Industry Exhibits

---
name: extract-domestic-industry-facts-di-exhibits
task_id: intellectual-property/extract-domestic-industry-facts-from-domestic-industry-exhibits
description: Extract and organize domestic industry facts from evidentiary exhibits for an opposition brief, with arithmetic checks, evidentiary-gap assessment, and patent-specific technical-prong risk analysis tied to the asserted domestic-industry theory.
activates_for: [planner, solver, checker]
---

# Skill: Extract Domestic Industry Facts from Domestic Industry Exhibits

## 1. Subject-matter triage

When exhibits include declarations, invoices, payroll materials, engineering records, licensing evidence, manufacturing agreements, and expert materials, first identify the exact domestic-industry theory actually advanced in the record. Separate economic-prong subparts from technical-prong proof before drafting, and do not import theories that the exhibits do not support.

If more than one patent, product, facility, time period, or investment category appears in the materials, enumerate each one explicitly before analysis so the memo can track facts one-by-one rather than collapsing them into a blended narrative.

## 2. Failure modes the skill is correcting

- Describing domestic-industry support without tying each fact to a specific exhibit citation
- Treating asserted investment categories as interchangeable rather than structurally distinct
- Missing arithmetic inconsistencies between declarations and source figures
- Skipping the subcontracting or control terms that govern outsourced manufacturing evidence
- Failing to connect technical-prong proof to the specific claims and products on which it depends
- Overstating record support where the exhibits leave foundation, scope, or corroboration gaps
- Presenting conflicts in the evidence as if they were resolved facts

## 3. Legal frameworks / domain conventions that apply

- The domestic industry requirement has two independent prongs under Section 337 practice: an economic prong and a technical prong.
- Economic-prong categories commonly include investment in plant and equipment, investment in labor or capital, and investment in exploitation such as engineering, research and development, or licensing.
- Technical-prong proof requires that a domestic article practice or be covered by at least one asserted claim; link each product to the specific claim set it allegedly satisfies.
- If the record relies on outsourced manufacturing, the governing agreement matters: identify permissions to subcontract, consent requirements, performance limits, control provisions, and any conditions precedent.
- If the domestic-industry theory depends on a patent, assess the vulnerability of that patent to validity challenges only to the extent the record makes that dependency material.
- Key evidentiary dates matter for foundation and admissibility, including site visits, report-preparation dates, inspection windows, declaration dates, and any document dates that anchor the asserted facts.
- Legal propositions in the memo should be tied to controlling authority where the source materials identify it or where the governing Section 337 practice is standard.

## 4. Analytical scaffolds

1. Identify the asserted economic-prong subpart(s) and list them separately before extracting facts.
2. For each asserted subpart, extract the supporting facts with exhibit citations and preserve the declarant’s wording only when necessary; otherwise paraphrase accurately.
3. Verify any numerical statement that can be checked from the exhibits, including investment figures, headcount, allocation logic, lease or facility data, and date-based totals; flag any mismatch between testimony and source materials.
4. For outsourced or third-party manufacturing evidence, read the operative agreement for subcontracting permissions, approval requirements, operational constraints, and any record of actual control or consent.
5. For the technical prong, map each domestic-industry product to the patent claims it is said to practice or embody, and identify which claim limitations are actually supported by the cited materials.
6. For each patent implicated by the domestic-industry theory, note whether any validity challenge in the record would materially weaken the downstream technical-prong showing.
7. Identify evidentiary gaps by asking what would normally be expected to prove the theory, then classify the absence as critical, significant, or corroborating.
8. Identify contested facts by comparing declarant statements against other exhibits, counter-submissions, internal inconsistencies, or dates that do not align.
9. Track investigative and foundation dates separately from substantive facts so the memo can show when the record was created, inspected, or updated.

## 5. Vertical / structural / temporal relationships

The economic prong and technical prong are independent; support for one does not cure a deficiency in the other. Within the economic prong, different investment theories should not be merged, and expenditures tied to one product, patent, facility, or time period should not be generalized to another without record support.

Temporal sequence matters. A later-prepared declaration cannot itself prove earlier operations unless the underlying records independently support that timing. Similarly, a site visit or inspection date can affect the weight of the facts observed, so preserve chronology where it bears on foundation, scope, or credibility.

## 6. Output structure conventions

- Produce one memo organized in conventional sections for: economic-prong facts by asserted subpart, technical-prong facts, evidentiary gaps with severity ratings, contested facts, and key dates/foundation points.
- Use a uniform ordinal severity field for each gap entry, such as Critical, High, Medium, or Low, and apply it consistently.
- For every fact entry, include the exhibit citation and, where a number is stated or implied, the verification path or calculation from the source materials.
- When multiple patents or products are implicated, include a compact mapping from each patent to the domestic-industry products and a brief vulnerability assessment tied to the supporting claim evidence.
- Close each issue entry with the practical consequence of the gap or conflict for domestic-industry proof.
- End with a short recommendations section that identifies the next record-development or clarification step, stated as an imperative and tied to the appropriate role or witness where the record identifies one.