Considering Welfare In ITC Exclusion Order Cases

Law360, New York (May 2, 2011, 2:18 PM EDT) -- The primary remedy available to a complainant in an International Trade Commission Section 337 investigation is an “exclusion order,” which enjoins the importation of infringing articles into the U.S. A “limited exclusion order,” or LEO, applies only to the infringing articles imported by respondents.

A “general exclusion order,” or GEO, applies more widely to infringing articles imported by any party. One of the factors that the ITC considers in evaluating whether to issue an exclusion order is the effect of the exclusion order on the “public...
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