Civil contempt for violating an invalid patent? Maybe., ITC Blog
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.
Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
