Government Appeals CIT Order to Admit Coax Connectors Refused Entry for Patent Infringement

The government appealed a February Court of International Trade decision ordering CBP to admit coaxial cable connectors imported by Corning Gilbert, but found by CBP to be subject to an International Trade Commission general exclusion order for patent infringement. CBP had denied entry to Corning Gilbert’s connectors based on the exclusion order, despite no ITC finding for the company in the underlying Section 337 investigation, and later issued a ruling letter confirming that the company’s connectors were to be refused entry. In February, CIT found that CBP’s ruling letter was not entitled to deference because the agency didn’t adequately address the question of patent infringement. After examining the patent at issue and Corning Gilbert’s connector, CIT said the connector didn’t infringe the relevant patents and should not have been excluded (see 13020405).