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Re: my3sons87 post# 370561

Wednesday, 05/22/2013 3:46:46 PM

Wednesday, May 22, 2013 3:46:46 PM

Post# of 432690
my3sons: IMO the district court has no authority to "amend the policies, rules and laws that govern the ITC". In this case the decision is against the complainant in the ITC case, not against the ITC.

As described in the posted articles, and the following footnote from the decision, the ITC can still follow their normal procedures and issue an exclusion order if appropriate. The decision only restricts the complainant from "enforcing" the exclusion order. As noted in my previous post a complainant does not have to take action to "enforce" and ITC issued exclusion order.



"6. This preliminary injunction will only go into effect in the event that the ITC grants an exclusion order or injunctive relief in favor of defendants. The ITC may, of course, still analyze Realtek's claims and defenses independently, and may find no Section 337 violation in any event. In that instance, this preliminary injunction will become moot."

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