A weekly summary of the precedential patent-related opinions
issued by the Court of Appeals for the Federal Circuit and the
opinions designated precedential or informative by the Patent Trial
and Appeal Board.
DBN Holding, Inc., et al. v. ITC, No.
2020-2342 (Fed. Cir. (ITC) Mar. 1, 2022). Opinion by Reyna, joined
by Moore and Newman.
This appeal was the fourth in a line of appeals relating to a
consent order that DBN entered into with the International Trade
Commission.
Under the consent order, DBN had agreed not to import certain
products that were the subject of patent infringement allegations.
In a separate proceeding, a district court determined that the
involved patent claims were invalid. Relying on that ruling, DBN
then imported the products that were the subject of the consent
order. The ITC was notified of DBN's actions and determined
that DBN violated the consent order, and thus imposed on DBN a
$6,242,500 civil penalty for violating the order.
