Leveraging exclusion orders to block patent-infringing products from entering the US

Managing Intellectual Property Blog
December 22, 2016

Jurisdictions worldwide allow patent owners to sue in private litigation to enforce patent rights. While courts oversee such disputes, the burden of enforcing remedies in effect rests squarely on patent owners. Even after a victory in court, a patent holder must undertake the ongoing burden of monitoring the marketplace to ensure that its opponent does not flaunt the judgment by resuming infringing acts, and that new entities do not start selling their own infringing products. This is time-consuming, costly work, and if new instances of infringement occur, the patent holder must resume or initiate litigation. These problems get exacerbated in the global market: patent infringement by products sold domestically often are manufactured abroad and enter the country through private distribution channels, with products changing hands several times before they wind up on store shelves or for sale online.

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