Fed. Circ. Reverses ITC Ban On Sex Toy Imports In IP Fight

Law360, Los Angeles (May 11, 2015, 10:29 PM EDT) -- The Federal Circuit on Monday reversed a U.S. International Trade Commission decision that barred Swedish sex toy maker Leloi AB from importing a product that the ITC found to infringe a patent held by a Canadian rival, ruling that the agency's decision was based on a flawed review.

A three-judge panel for the Federal Circuit unanimously ruled in a precedential decision that the ITC erred when it held that Ottawa-based Standard Innovation Corp. had an industry in the U.S. and therefore had standing to file a patent suit under Section 337 of the Tariff Act.

The appellate court said the components...

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