The document discusses a Federal Circuit case, Motiva v. ITC, which makes it difficult for non-practicing entities (NPEs) to obtain exclusion orders from the ITC. The case involved Motiva seeking an exclusion order against Nintendo's Wii system. The ALJ and Federal Circuit found that Motiva's litigation activities were insufficient to satisfy the domestic industry requirement, as the litigation was aimed at financial gains rather than commercializing the patents. The Federal Circuit affirmed that a real licensing program must exist alongside litigation for NPEs to gain access to the ITC. Simply extracting a license in litigation settlement is not enough.