Fed. Circ. Says Invalidity Theory Can't Nix ITC Import Ban

By Ryan Davis (July 16, 2020, 10:49 PM EDT) -- The Federal Circuit ruled Thursday that a beverage container importer potentially subject to a U.S. International Trade Commission general exclusion order cannot seek to have the import ban rescinded by arguing that the patent it is accused of infringing is invalid.

The decision limits the options available to companies whose products are barred from entering the U.S. under a general exclusion order, an infrequently-used type of ITC import ban that applies to all infringing products, even those imported by companies that are not parties to the litigation.

Baby goods maker Mayborn Group Ltd. was not one of the companies accused by...

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