直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • 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

Global IP Enforcement, Litigation, and Trials

Related News

Award/Ranking

Forbes Names Finnegan Partner Erika Harmon Arner on its Inaugural 2026 America’s Top Women Lawyers List

June 5, 2026

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Commentary

Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial

May 26, 2026

Commentary

New Appellate Opinion in Amazon Biometric Data Case May Signal ‘Narrowing’ Scope of BIPA Litigation, Experts Say

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

Commentary

ITC Bars Import of Innoscience Chips Made Before Redesign

May 8, 2026

Commentary

How Litigation Funding Disclosure Could Affect ITC Cases

May 7 , 2026

Award/Ranking

Associates Rank Finnegan “Best of the Best” in BTI Associate Satisfaction Survey

May 7, 2026

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

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

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