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.
The Federal Circuit held that once the ITC institutes an investigation, it cannot reconsider the adequacy of the complaint. So in the case of a defaulting respondent, the Commission has to rule against them and go to the relief phase.
A recent Commission opinion serves as a reminder to litigants of the public interest analysis conducted by the ITC before determining whether to issue remedial orders against a respondent.
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.