As The National Law Journal reports, “For years, parties on both sides of ITC cases have struggled with customs officials over how to enforce exclusion orders. Enforcement decisions tend to be based in part on one-sided, confidential meetings in which each party argues about which products should—and should not—be let into the country.” Finnegan partner Smith R. Brittingham, IV provided insight on exclusion order enforcement. “It’s like going into a black box,” he said. “The real issue is, you spend months or a year or two years and millions of dollars [at the ITC] proving your patent is valid and your opponent’s product infringes. And then you go to Customs, and you don’t know what they’re doing or why they decide not to exclude a product.” In June, the White House announced a task force that would review enforcement of exclusion orders in an effort to make the process “transparent, effective, and efficient.” Brittingham told the NLJ, “What people really want is consistency and predictability . . . and as much transparency as possible.”
Commentary
May 20, 2026
Award/Ranking
Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award
May 13, 2026
Press Release
Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination
May 11, 2026
Award/Ranking
Associates Rank Finnegan “Best of the Best” in BTI Associate Satisfaction Survey
May 7, 2026
Announcement
Finnegan Partner Ningling Wang Becomes President of Licensing Executives Society International
May 4, 2026
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