ITC Suspends Enforcing Section 337 Limited Exclusion Order on Plastic Food Trays
The International Trade Commission is temporarily suspending enforcement of a limited exclusion order (LEO) banning importation and sale of plastic food trays by Ningbo Linhua Plastic Co., Ltd., that infringe patents held by Clearly Clean Products, it said in a…
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
notice to be published Jan. 10. The ITC originally issued the LEO in February 2021 (see 2103020015). The ITC is suspending the LEO because, "the subject patent claims were found unpatentable by the United States Patent and Trademark Office’s Patent Trial and Appeal Board," overruling the complainant's opposition. However, the ITC has "determined to grant partial relief and to temporarily suspend enforcement of the LEO pending the cancellation of its subject patent claims or the reversal or vacatur of the Federal Circuit’s decisions," because the "LEO’s patent claims are still subject to U.S. Supreme Court appeal."