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ITC Can Take Steps to Enforce Its Own Exclusion Orders (June, 2013)

Deanna Tanner Okun and Jonathan J. Engler have written an article published by the National Law Journal regarding the White House Task Force on High-Tech Patent Issues released on June 4, 2013.

The White House Task Force on High-Tech Patent Issues on June 4, 2013 announced five steps “it is taking to bring about greater transparency to the patent system and level the playing field for innovators.”  Among these recommendations, the White House stated that it would launch an interagency review of existing procedures to ensure that the ITC exclusion order enforcement process is transparent, effective and efficient.  In the view of Deanna Tanner Okun and Jonathan J. Engler, this White House effort to improve the enforcement process for ITC exclusion orders is timely and essential.  An exclusion order can be an effective form of relief for a domestic industry, but only if the order is enforced in accordance with the underlying ITC determination.  CBP should use the tools Congress has provided to retain control over the imported goods while the ITC reviews questionable imports, but CBP should not be forced to make substantive infringement determinations.

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