ITC Refuses to Include in Exhibits An Email Not Timely Produced During Discovery

ITC Refuses to Include in Exhibits An Email Not Timely Produced During Discovery

In a recent order, ALJ Cheney denied Respondents’ attempt to supplement its exhibit list to include an email produced five months after the close of discovery, indicating a party’s obligation to supplement its discovery under Commission Rule 210.27(f) did not give it a right to have tardy discovery included on an exhibit list, introduced at an evidentiary hearing, or admitted into evidence.

When One Door Closes, Another Opens: Court Of International Trade Issues a Preliminary Injunction of Customs’ Exclusion of Redesigned Garage Door Openers

When One Door Closes, Another Opens: Court Of International Trade Issues a Preliminary Injunction of Customs’ Exclusion of Redesigned Garage Door Openers

The Court of International Trade (“CIT”) and U.S. Customs and Border Protection (“Customs”) are key players in the enforcement of exclusion orders issued by the ITC. This recent ruling from the CIT granting a preliminary injunction against Customs’ exclusion of redesigned products highlights the importance of bringing all available redesigns to the attention of the ITC during the original investigation.