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.
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.
While limited exclusion orders remain the default remedy, a recent Initial Determination issued by ALJ Bullock is a reminder that the ITC may issue a general exclusion order if it finds a limited exclusion order would be insufficient to protect a complainant’s domestic industry.
The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not excluded from importation.
While the ITC rarely issues general exclusion orders, two recent cases illustrate the importance of seeking such relief in appropriate circumstances.