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Article: Federal Circuit Limits ITC's Authority To Issue Downstream Exclusion Orders.(International Trade Commission)(Kyocera Wireless Corporation v. International Trade Commission)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 22, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Overview
On October 14, 2008, the U.S. Court of Appeals for the Federal Circuit determined in Kyocera Wireless Corporation v. International Trade Commission that the U.S. International Trade Commission ("ITC") does not have statutory authority to issue a limited exclusion order covering downstream products (i.e., products that incorporate infringing components) of third parties not named as respondents in ITC investigations. The Federal Circuit held that in order to obtain relief against downstream products, a complainant in an ITC case must name the downstream producer or distributor when seeking a limited exclusion order, or satisfy the higher threshold for ...