ITC Deal Didn't Ban Downstream Imports, UPI Tells Fed. Circ.

Law360, New York (May 31, 2013, 4:21 PM EDT) -- UPI Semiconductor Corp. urged the Federal Circuit on Thursday to overturn a ruling by the U.S. International Trade Commission that found the company had violated a stipulated import ban on patent-infringing products, saying the consent agreement at issue didn’t cover downstream goods.

UPI told the appeals court that only downstream products containing its microchips had entered the U.S. after the consent order, not actual uPI-produced goods. Because the ITC is generally unable to bar such third-party imports — it can only do so with by issuing a...
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