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Civil contempt for violating an invalid patent? Maybe., ITC Blog

November 2018

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We previously noted that the Commission does not believe it is required to vacate a civil penalty order just because the litigants settle a case. The Federal Circuit’s decision in DBN Holdings, Inc. v. ITC, No. 17-2128 (Fed. Cir. Nov. 27, 2018), adds nuance to this point. On the one hand, the Court held that the ITC was required to consider whether to rescind a civil penalty for infringing a consent order on a now-invalidated patent. On the other hand, the Court left open the possibility that the ITC could refuse to do so.

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