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The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a...

This appeal marked the fourth Federal Circuit decision in a series of cases arising from BriarTek IP Inc.’s patents on two-way global satellite communication devices. BriarTek sought to...

In DBN Holding, Inc. v. ITC, the Court of Appeals for the Federal Circuit (“CAFC”) upheld a $6.2M civil penalty levied against DBN, an ITC respondent, for violating a remedial consent...

The ITC issued a Consent Order barring DeLorme from importing/selling within the U.S. any two-way global satellite communication equipment that infringed BriarTek’s U.S. Patent No. 7,991,380. Federal Circuit affirmed invalidity decision and upheld the ITC’s civil penalty.

On March 1, 2022, the Federal Circuit issued its opinion affirming the ITC's remand determination not to rescind or modify a $6.2 million civil penalty imposed on DBN Holding, Inc. for violations of a consent order.

Best practices for ITC complainants to protect interests against nascent uptick of redesign submissions at tail end of fact discovery as vehicle to put complainants at disadvantage in fast-paced Section 337 proceedings, prejudicing complainants’ ability to fully review and assess such disclosures for possible infringement.