In a recent Modification Proceeding the ITC, after two months of discovery and an evidentiary hearing, held that Respondent’s redesign did not infringe the asserted patent and thus were not covered by the previously issued limited exclusion order (“LEO”) and cease and desist order (“CDO”).
The ITC recently issued a Seizure and Forfeiture Order in response to an attempted importation of “ink cartridges and components thereof” subject to a General Exclusion Order (“GEO”) issued May 26, 2016.
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.