On the heels of U.S. Intellectual Property Enforcement Coordinator’s (“IPEC”) issuance of a Federal Register Notice (78 Fed. Reg. 37242-43) announcing an interagency review of the procedures used by U.S. Customs and Border Protection’s (“CBP”) and the U.S. International Trade Commission (“ITC”) to “evaluate the scope of exclusion orders and work to ensure that the process and criteria utilized during exclusion order enforcement activities are transparent, effective and efficient,” Microsoft filed a Complaint naming CBP as a defendant in the U.S. District Court for the District of Columbia on July 12, 2013, seeking to compel CBP to exclude from importation certain Motorola mobile devices.  Microsoft contends that such devices are subject to a Limited Exclusion Order issued by the ITC in Certain Mobile Devices, Associated Software, and Components Thereof, Inv. No. 337-TA-744, 2012 ITC LEXIS 1042 (May 18, 2012).  Microsoft alleges that “CBP has allowed Motorola to re-litigate – in secret – issues that Motorola lost before the Commission, and has granted Motorola precisely the relief that the Commission expressly refused to grant after full, fair, and open litigation.”  (Emphasis in original).  Specifically, Microsoft contends that CBP has engaged in ex parte communications with Motorola resulting in the importation of Motorola’s mobile devices, such as smartphones and tablets, with a “’re-design’ of the calendar function” that Microsoft contends should have been barred by the exclusion order.