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Patent Invalidity Rescission

McDermott Will & Emery

Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision denying a petition for rescission of a general exclusion order (GEO) prohibiting importation of products accused of...more

Knobbe Martens

Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order

Knobbe Martens on

MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION - Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission. Summary: An invalidity challenge, raised after the...more

Jones Day

Civil contempt for violating an invalid patent? Maybe.

Jones Day on

We previously noted that the Commission does not believe it is required to vacate a civil penalty order just because the litigants settle a case. The Federal Circuit’s decision in DBN Holdings, Inc. v. ITC, No. 17-2128 (Fed....more

Jones Day

ALJ Finds ITC Remedial Orders Unenforceable

Jones Day on

We previously wrote about the uphill battle Respondent Eko Brands faced in an enforcement proceeding after it defaulted in the underlying investigation. The ALJ found during the proceedings that res judicata barred its...more

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