Redesign Cleared Following Adverse Initial Determination, ITC Blog

Visit the Jones Day ITC Blog.

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)).

Read the full article at

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 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.