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The ITC Does Not Need to Apply the eBay Standard for Patent Exclusion Orders

July 15, 2013, 4:00 AM

The White House recently proposed that the U.S. International Trade Commission’s requirements for the imposition of exclusion orders become aligned with the district court standard articulated by the Supreme Court in eBay v. MercExchange. Such an alignment is improper legally, ignoring fundamental differences between relief available at the ITC and in district court. In fact, the rules applied by the ITC are already more stringent in important ways than the eBay standard.

The White House and Congress should avoid steps that would weaken one of the few effective border enforcement remedies available to protect U.S. intellectual property and U.S. ...