直 Japanese PDF Font
  • 我们的专业人员
  • 服务
  • 我们的见解
  • 办公室
  • 事务所
  • 人才招聘
Finnegan
  • 新闻
  • 飞翰事实
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • 慈善性法律援助
  • 管理层
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

James R. Barney

Which IP Issues Ducked the Radar in 2015?

December 22, 2015

Law360

As 2015 comes to an end, Law360 contacted Finnegan attorney Christine E. Lehman to get her thoughts on what significant developments in IP law flew under the radar in 2015. Lehman said, "A 2015 Federal Circuit decision with little fanfare, DeLorme v. ITC, illustrates the power of U.S. International Trade Commission consent orders for complainants (and risks to respondents). The respondent, DeLorme, ended an ITC case by agreeing to a consent order not to import or sell after importation infringing products until the expiration, invalidation and/or unenforceability of the asserted patent. DeLorme was soon found in violation of the consent order and civil penalties were imposed. But DeLorme then invalidated the relevant claims in a declaratory judgment action in the Eastern District of Virginia. DeLorme appealed the ITC’s civil penalties for violation of a patent that was held invalid. But the Federal Circuit affirmed the civil penalties, holding DeLorme to the letter of the consent order — which was essentially a contract. That contract required compliance of the consent order until a nonreviewable and final decision on invalidity. This decision shows the powerful reach of a consent order, and the risk respondents take by using a consent order to end an ITC case. A respondent cannot challenge patent validity in an enforcement action. And to challenge validity in another forum, even one of the fastest in the country, will be of little help."

Tags

International Trade Commission (ITC)

Related Practices

全球知识产权维权、诉讼与审判

美国国际贸易委员会337调查与审判

Related News

Award/Ranking

Finnegan Recognized Again Among Germany’s Leading Law Firms

October 9, 2026

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Commentary

Catching Up with Hope Shimabuku

September 29, 2026

Commentary

Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool

September 25, 2026

Award/Ranking

Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027

September 24, 2026

Award/Ranking

Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026

September 23, 2026

Press Release

Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

September 23, 2026

Commentary

New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret

September 21, 2026

Commentary

FORUM IP Talks: Dr. Jochen Herr on UPC, FRAND, and Cross-Border Enforcement Topics

September 20, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • 隐私
  • 免责申明
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP