CIT Clears Wirtgen Imports Over CBP's Patent Objections

Law360 (May 19, 2020, 4:24 PM EDT) -- U.S. Customs and Border Protection can't bar Wirtgen from bringing in road-milling machines that were redesigned to avoid an infringement-based import ban, the U.S. Court of International Trade has ruled.

The CIT granted Wirtgen America Inc. a permanent injunction on Monday that will stop CBP from blocking six of its redesigned products from entering the country. Since government attorneys didn't claim the redesigned products infringe the Caterpillar Inc. patent that led to the limited exclusion order, CBP must let the products enter the country, Judge Jennifer Choe-Groves said.

"The court finds that defendant waived any argument of infringement to rebut plaintiff's...

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