Federal Circuit Limits ITC´s Authority To Issue Downstream Exclusion Orders

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 obtaining a general exclusion order. As discussed in the attached link, this decision may have a significant impact on practice before the ITC and will impose additional burdens on complainants seeking relief against downstream products.