In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy.
The Commission recently found that the record evidence established direct infringement of method of use claims because there was sufficient circumstantial evidence of actual use by others.
Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance of the ALJ’s Initial Determination
While it is uncommon for the ITC to consider patentability determinations from the PTAB before all appeals have been exhausted, in this recently issued Final Determination, they suspended enforcement of an LEO and CDO as to a particular patent claim pending final resolution of the PTAB’s Final Written Decision.
In addition to stopping the importation of infringing articles, ITC remedies can be used to prevent certain domestic activities, including preventing the importation of replacement parts for domestic service and repair activities, and preventing the sale of articles already existing in domestic inventory.
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.
The ITC recently concluded a general exclusion order was appropriate because it was nearly impossible to identify the source of infringing products.