Federal Circuit Significantly Limits the ITC’s Power to Exclude “Downstream Products”

October 16, 2008
Overruling a long line of International Trade Commission decisions, the Federal Circuit has severely curtailed the ITC’s power to exclude third-party products that contain infringing components, so-called “downstream products,” from importation into the United States. This update explores the ramifications of the decision and discusses the litigation trends likely to arise because of it.