Enforcement of Exclusion Orders: Engaging with Customs as a Claimant and Respondent

April 1, 2025 11:00am

Dax Terrill
Chief, Exclusion Order Enforcement Branch Regulations and Rulings – Office of Trade
U.S. Customs and Border Protection (CBP)

Helena Kiepura
Partner
DLA Piper LLP

Jordan Coyle
Partner
White & Case LLP

After a difficult and costly ITC investigation leads to an exclusion order, both the patent owner and accused patent infringer may think that the matter is finally over. However, the parties’ dispute will likely move to a new forum: the U.S. Bureau of Customs and Border Patrol. Once the exclusion order issues, there are specific guidelines that Customs puts in place to identify infringing goods and enforce the order.

Join us in this session as we examine the variety of options available to parties after an exclusion order issues, such as:

  • Certification to CBP that goods may not be subject to the exclusion order
  • Pursuit a Rule 177 ruling – for goods that are beyond the scope of the ITC exclusion order
  • Importing a redesigned good “at-risk” and file a protest challenging exclusion of the good
  • Petitions to obtain advisory opinions or modifications of the order
  • Attempts to secure additional remedial orders and civil penalties