Civil contempt for violating an invalid patent?  Maybe.

Civil contempt for violating an invalid patent? Maybe.

The Federal Circuit held that the ITC was required to consider whether to rescind a civil penalty for infringing a consent order on a now-invalidated patent, but left open the possibility that the ITC could refuse to rescind the civil penalty.

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Penalties for Violating a Consent Order can be Costly

Penalties for Violating a Consent Order can be Costly

Civil penalties for violating an ITC order can be as much as $100,000 per day, even for de minimus violations. In this case, ALJ Pender determined that Respondent owed $20,000 in civil penalties for an accidental re-sale of returned dimmable compact fluorescent bulbs. 

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