Overlapping International Trade and Patent Law: Case Study of One World Techs., Inc. versus the United States (Decision: Slip Op. 18-173, Ct. Int'l Trade 2018, Judged by Choe-Groves, J.)
In early 2018, the U.S. International Trade Commission (ITC) found that certain imports, including a garage-door opener manufactured by One World Technologies, Inc., infringed U.S. Patent No. 7,161,319 (the '319 Patent). This decision prompted One World to redesign its product to avoid infringing the patent.
However, when One World attempted to import one entry of its redesigned product, Customs excluded that entry, citing the ITC's exclusion order. In response, One World filed an administrative protest arguing that Customs erred in excluding the entry.
The competent court instance for the appeal procedure against the rejection decision of the customs authority in this case was the United States Court of Appeals. One World's appeal was heard by Judge Choe-Groves, who determined that the Court of International Trade (CIT) has subject-matter jurisdiction over the appeal.
Judge Choe-Groves conducted her own construction of the claim term "conductor" in the '319 Patent and reviewed and adopted the ITC's construction of certain disputed claims of the patent. She found that One World's redesigned product does not infringe the '319 Patent when properly construed.
Customs later issued a ruling concluding that One World's redesigned product meets the terms of the exclusion order and infringes the '319 Patent. However, Judge Choe-Groves found that neither the balance of hardships nor the public interest favors either party. She concluded that One World warranted injunctive relief due to irreparable harm and likely success on the merits.
Notably, Judge Choe-Groves' decision demonstrates the potential for overlap in the international trade and patent practice areas. The ITC issued an exclusion order barring the entry of infringing products, but the CIT has the final say on whether a product infringes a patent in the context of a customs dispute.
Judge Choe-Groves denied motions to intervene filed by the ITC and The Chamberlain Group, Inc. in the CIT action. She also struck One World's request for a jury trial in the CIT action.
The outcome of this case highlights the importance of understanding the complex interplay between international trade and patent law. One World Technologies, Inc. has successfully navigated this complex legal landscape to import its redesigned, non-infringing garage-door opener into the United States.
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