The October 2016 issue of Financier Worldwide features our article discussing the ITC’s general exclusion order procedure and how it impacts fighting counterfeit goods. Though the US International Trade Commission (ITC) is most often thought of in terms of high stakes patent litigation, the issuance of a general exclusion order (GEO) by the ITC has always been a powerful tool for intellectual property owners to fight counterfeits and knockoffs. Word of the benefits of obtaining a GEO seems to have spread as in recent years the numbers of these orders, and the parties seeking them, have been increasing rapidly.

Companies seeking to stop a tide of imported knockoffs often find themselves playing legal whack-a-mole – they spend a great deal of money and time filing repeated cases in the US district courts against the sellers they can identify, but after it all find that the orders they worked so hard to obtain are difficult to enforce against small overseas companies which simply cease their official operations then re-emerge having changed their names, locations or channel of importation.

To read the entire article, please click here.

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Photo of Aarti Shah Aarti Shah

Aarti Shah is a Member in the firm’s Washington, DC office whose practice focuses on patent litigation. Prior to joining Mintz Levin, she served as a senior investigative attorney in the US International Trade Commission and as lead counsel for the federal government in trials and investigations covering trade secrets, trademarks, and electrical, computer, mechanical, and chemical patents. In addition, Aarti has litigated cases in district court and before the Court of Appeals for the Federal Circuit. She also has experience providing counsel on patent portfolios and infringement opinions.

Photo of James Wodarski James Wodarski

James Wodarski is a Member in the firm and is based in the Boston office. He focuses on patent disputes in the International Trade Commission, the US Court of Appeals for the Federal Circuit, and Federal District Courts. A patent litigator with extensive experience, James has handled disputes involving many technologies, including smartphones, core processor circuits, digital imaging software, telecommunications devices, and LED lighting systems. He has also represented clients in cases involving complex business litigation, white collar crime, insurance coverage, federal securities actions, trademark ownership of mass media and literary titles, complex insurance coverage, and the First Amendment.