Hubbell Appeals ITC Denial of Motion to Amend General Exclusion Order in Circuit Interrupters Patent Case

Hubbell Incorporated appealed the International Trade Commission’s Sept. 20 determination not to modify a general exclusion order on certain ground fault circuit interrupters and products containing same (337-TA-739) to say the order doesn’t apply to Hubbell’s products. Hubbell was not a party to the Section 337 patent investigation, but argued that it did not participate because complainant Leviton only said its products infringed Leviton’s patents after the order was issued. But the ITC noted it can only modify a general exclusion order if it finds the circumstances surrounding its issuance have changed, and said Hubbell’s participation in the investigation would not have affected whether it would have issued the order.