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In Law360, Washington, D.C. Attorneys Examine ITC Exclusion Order Test

Practices: Intellectual Property, ITC Proceedings / Section 337, Patent Litigation, Patent Strategy, Administrative Litigation, Litigation, Intellectual Property Litigation

Capital Insights.

In a Law360 article published on Dec. 17, IP litigation partner Matt Rizzolo and law clerk Brendan McLaughlin (both of Washington, D.C.) examine the multifactor tests applied by the U.S. International Trade Commission when considering the issuance of exclusion orders against downstream products that incorporate infringing components.

The authors explain that as technologies converge and increasingly complex products are imported into the U.S., this leads to difficult questions regarding which products are appropriately subject to exclusion. They also discuss how recent Federal Circuit decisions have caused the ITC to shift its focus toward the so-called “public interest factors” when considering downstream exclusionary relief. 

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