Alston and Bird won a Federal Circuit decision vacating a limited exclusion order issued by the ITC against its client Epistar and remanding to the ITC for consideration of its invalidity defenses. The Federal Circuit also determined that any exclusion order could not include downstream products under the court's Kyocera decision, while acknowledging that Epistar products are almost always imported as part of downstream products. This latter decision, as well as the client’s effective redesign around the patent and the upcoming expiration of that patent, makes it unlikely that the complainant will pursue the remand. Yitai Hu, Elizabeth Rader and Sean DeBruine of our Silicon Valley office scored the impressive victory for the firm.
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