Perspective
Aug. 19, 2009
Taking Orders
Traditionally, a person who wished to keep infringing products out of the U.S. could obtain either a limited or general exclusion order, but a recent ruling might change that, write Michael A. Shimokaji and Philip L. Gahagan.
The Federal Circuit Court of Appeals' decision in Kyocera Wireless Corp. v. ITC, 545 F.3d 1340 (Fed. Cir. 2008), has caused quite a stir, effectively ending a judicially created form of relief previously available for decades - a "downstream" limited exclusion order issued by the U.S. International Trade Commission. This relief is issued to keep products that have been adjudicated to infri...
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