DBN Holding, Inc. v. International Trade Commission, Appeal No. 2020-2342 (Fed. Cir. Mar. 1, 2022)

The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth in the case—the issues were far removed from issues concerning patent law, and instead related to modifications of consent orders. Thus, we cover the case only in abbreviated form.

The appeal was from the International Trade Commission’s determination denying DBN’s petition to rescind or modify the civil penalty imposed by the ITC for violation of a ‎consent order. The Federal Circuit affirmed, finding no abuse of discretion by the ITC. At issue was DBN’s ‎violation of a consent order, requiring that DBN not import or sell certain products in the United ‎States prior to the invalidation or expiration of the ’380 patent. Upon DBN’s violation of said ‎consent order, the ITC issued a civil penalty order against DBN. DBN subsequently filed a ‎petition to rescind or modify such order. “DBN argued in its petition that the civil penalty order ‎should be set aside or modified because the patent claims [at issue] were found by a district court ‎to be invalid in a decision subsequently affirmed by this court.” The Court rejected that ‎argument, finding the ITC did not abuse its discretion in denying DBN’s petition to rescind or ‎modify the consent order.

The opinion can be found here.

By Annie White

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