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ARTICLE · 14 JANUARY 2019

ITC Grants General Exclusion Order For Section 337 Violations

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All named respondents were found in default, and none contested NPI's allegations.

United StatesIntellectual Property
David Maiorana
David Maiorana
Robert Levent Hergüner
Robert Levent Hergüner
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A recent initial determination ("ID") from the ITC resulted in a general exclusion order for products infringing several patents belonging to Complainant National Products Inc. ("NPI"). Certain Mounting Apparatuses For Holding Portable Electronic Devices And Components Thereof, Inv. No. 337-TA-1086, Order 15 (November 28, 2018). All named respondents were found in default, and none contested NPI's allegations. Accordingly, ALJ Bullock concluded that domestic industry existed and a violation of section 337 occurred with respect to four out of five NPI patents.

NPI satisfied both the economic prong and the technical prong required to establish domestic industry. To satisfy the economic prong, NPI established that it made significant investments in plant and equipment because the company manufactures all of its products in the United States. NPI also established a significant employment of labor and capital because the company employs approximately 374 people within the

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