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Expert Analysis

Running An End-Around On Customs? — Part 1

Law360, New York ( June 22, 2012, 1:47 PM EDT) -- The life of an importer is rarely easy. As the U. S. International Trade Commission continues to surge in popularity as a patent infringement venue, importers are constantly on the watch to ensure their products do not become the subject of a dreaded exclusion order. While a limited exclusion order can spell certain death for the named respondents, the entire industry can nonetheless feel the effects as well. Parties that utilize substantially similar products or formerly incorporated a respondent's product may find their products mistakenly excluded by Customs. Worse, these third parties face the prospect of continuing to import under the threat of litigation from the patent holder. . . .

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