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Redesign Cleared Following Adverse Initial Determination, ITC Blog

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In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the asserted patent.  After an evidentiary hearing, the ITC held that Respondent’s redesign did not infringe the asserted patent and thus were not covered by the previously issued limited exclusion order (“LEO”) and cease and desist order (“CDO”).  Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, Comm’n Op. (Oct. 1, 2019) (citing Comm’n Op. (Mar. 23, 2018)).

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