fromIPWatchdog.com | Patents & Intellectual Property Law
6 months agoThe Jarkesy Question: Is a New Constitutional Challenge Brewing for ITC Enforcement?
The threat of a cease-and-desist order, backed by civil penalties of up to $100,000 a day or twice the value of imported goods, is a powerful deterrent. For years, the process for enforcing these penalties has been a settled feature of ITC practice. But a recent Supreme Court decision, Jarkesy v. SEC, has introduced a new constitutional question that ITC litigators might want to watch out for.
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