Second Bite at the Cherry: Adjudicating Redesigns after an ITC Exclusion Order

Dan Muino and Charles Provine published this article entitled "Second bite at the cherry: Adjudicating redesigns after an ITC exclusion order" for World IP Review about the options available to parties impacted by exclusion orders issued by the US International Trade Commission (ITC), particularly in the context of adjudicating redesigned products. The authors explain that importers may seek swift clarification from US Customs and Border Protection (CBP) through a Part 177 proceeding or pursue a more definitive ruling via a modification proceeding at the ITC itself. Conversely, complainants can initiate enforcement or modification proceedings at the ITC to challenge adverse CBP rulings or clarify the scope of exclusion orders. The article reviews recent decisions and emphasizes the importance of understanding these mechanisms to minimize business disruption and ensure effective enforcement of IP rights.

Read the full article (subscription required).