Government Drops Appeal of Case on CBP Enforcement of ITC Patent Exclusion Orders
The Court of International Trade’s decision on CBP enforcement of patent exclusion orders in Corning Gilbert v. U.S. will stand, after the U.S. government withdrew its appeal May 15. In February, CIT ordered CBP to admit coaxial cable connectors imported…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
by Corning Gilbert, but found by CBP to be subject to an International Trade Commission general exclusion order for patent infringement, and excluded from entry into the U.S. (see 13020405). Corning Gilbert was not a party to the ITC Section 337 investigation that resulted in the general exclusion order, and so the ITC never specifically found that the company’s connectors infringed the relevant patents. Because there was no ITC finding that was directly applicable, and CBP should have undertaken a thorough analysis of whether Corning Gilbert’s connector in particular violated the patents covered by the general exclusion order, the court said. The government's motion did not include detail on why it was withdrawing its appeal. The Court of Appeals for the Federal Circuit granted the government motion May 16.