September 9, 2009
General Exclusion Orders in the Wake of Kyocera
A Federal Circuit decision has substantially changed the remedies available to complainants at the International Trade Commission under Section 337 of the Tariff Act of 1930. The Commission no longer extends relief under a limited exclusion order to third-party downstream product manufacturers that incorporate infringing components. Unexpectedly, however, the Commission has also raised the bar for obtaining relief against infringing goods from all sources under a general exclusion order.