U.S. Customs and Border Protection (“CBP”) has withdrawn its appeal of the decision of the U.S. Court of International Trade (“CIT”) in Corning Gilbert v. United States, Slip Op. 13-15 (Feb. 1, 2013), and the U.S. Court of Appeals for the Federal Circuit issued its mandate dismissing the appeal on May 16, 2013. As reported in April 15 edition of the ITC Section 337 Update including an Analysis of the case re-attached here, the CIT’s decision significantly expanded the role of CBP in the enforcement of exclusion orders issued by the ITC. The decision also confirmed that the CIT provides importers with an avenue for judicial review of such enforcement decisions, including making substantive patent claim construction and infringement determinations. As a result of CBP’s withdrawal of the appeal, the CIT’s decision will become final as to the parties in Corning Gilbert, but the decision is not precedential in future cases.
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Customs withdraws appeal of Corning Gilbert decision
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