Overlapping International Trade and Patent Law: Case Study: One World Techs., Inc. v. United States (Ct. Int'l Trade 2018) (Choe-Groves, J.)
In a recent development, One World Technologies, Inc. has filed an appeal against the U.S. Customs & Border Protection (CBP) over the rejection of their protest regarding the alleged infringement of U.S. Patent No. 7,161,319.
The dispute originates from One World's redesign of a garage-door opener, which was initially found to infringe the '319 Patent by the U.S. International Trade Commission (ITC) in early 2018. Subsequently, the ITC issued an exclusion order barring the entry of infringing products.
Prior to importation, One World submitted a letter to CBP requesting a ruling that their redesigned product does not fall within the terms of the ITC's exclusion order and does not otherwise infringe the '319 Patent. However, CBP denied the protest, citing its ruling that One World's redesigned product infringes the '319 Patent.
One World's appeal was based on the contention that CBP had misconstructed a material limitation in the '319 Patent and that their redesigned product does not infringe the patent when properly construed.
Judge Choe-Groves, presiding over the case at the Court of International Trade (CIT), reviewed and adopted the ITC's construction of certain disputed claims of the '319 Patent, and conducted her own construction of the claim term "conductor". She also denied One World's request for a jury trial in the § 1581(a) action.
Judge Choe-Groves determined that the CIT had subject-matter jurisdiction over One World's appeal and concluded that One World warranted injunctive relief due to irreparable harm and a likely success on the merits.
The decision in One World's case demonstrates the potential for, and likely growth in, overlap in the international trade and patent practice areas. Motions to intervene by the ITC and The Chamberlain Group, Inc. were denied by Judge Choe-Groves. The case is now awaiting further proceedings at the CIT.
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