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November 20, 2009
General Exclusion Orders in the Wake of Kyocera

In 2008 the US Court of Appeals of the Federal Circuit held that the US International Trade Commission did not have the statutory authority to bar entry to downstream products of non-respondents that contain infringing components, except under the exceptional circumstances of a statutory general exclusion order. As expected, the commission no longer issues limited exclusion orders extending to downstream products of third parties. However, at the same time, and perhaps rather unexpectedly, the commission appears to have tightened the requirements for issuance of general exclusion orders against infringing goods from all sources.

This Sidley Update was republished by ILO in its Trade & Customs Newsletter.