February 2012 On February 8, 2012, in Ninestar Technology Co. v. International Trade Commission, No. 09-1549 (Fed. Cir. Feb. 8, 2012), the Federal Circuit affirmed the ITC’s assessment of a civil penalty against Ninestar Technology Co., Ltd., Ninestar Technology Company, Ltd., and Town Sky, Inc. (collectively “Ninestar”) for failure to comply with exclusion and cease and desist orders arising from a violation of Section 337 of the Tariff Act, 19 U.S.C. § 1337. In so holding, the Court rejected Ninestar’s argument that a sale in a foreign country of a product manufactured in the foreign country extinguishes any right to enforce a U.S. patent against that product if it is imported into the United States, and found that the ITC’s orders were violated with knowledge and bad faith. Read the full summary of the Court’s decision in next month’s edition of Last Month at the Federal Circuit.
Looking Ahead
