The Technology & Information Law Blog

Analysis by Charles Gideon Korrell

Tag: Exclusion Order

  • Bissell v. ITC: Firmware Redesign Defeats ITC Exclusion Order

    Bissell v. ITC: Firmware Redesign Defeats ITC Exclusion Order

    When patent owners prevail in Section 337 investigations before the International Trade Commission, the resulting exclusion orders can be commercially devastating. But sophisticated respondents increasingly prepare redesign strategies while the investigation is still pending, particularly where the accused functionality is controlled through firmware or software logic. The Federal Circuit’s decision in Bissell, Inc. v. International…