FEDERAL CIRCUIT COLUMN
Reichman Jorgensen Lehman & Feldberg LLP
This article discusses the Federal Circuit’s recent opinion in DBN Holding, Inc v. International Trade Commission.1 In this precedential opinion, the Federal Circuit held that a subsequent finding of patent invalidity did not provide a basis for rescinding or modifying the International Trade Commission’s imposition of over $6 million in civil penalties for a manufacturer’s violation of a Commission consent order.
BACKGROUND AND PROCEDURAL HISTORY
This case has an extensive procedural history, including three prior appeals to the Federal Circuit.