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20 Fed. Cir. B.J. 503 (2010-2011)
New Concern about "Articles Concerned": Revisiting the Scope of ITC Exclusion Orders after Yingbin and Kyocera

handle is hein.journals/fedcb20 and id is 515 raw text is: New Concern About Articles Concerned: Revisiting the Scope of ITC Exclusion Orders After Yingbin and Kyocera C. Austin Ginnings* Introduction The U.S. International Trade Commission (ITC or Commission) has increasingly become a prime battleground for patent infringement disputes. The number of cases pending at the ITC has increased dramatically over the last decade,' in large part because there are benefits to patent litigation at the ITC that do not exist in district court. As a result of this increase in ITC litigation, the Federal Circuit has become increasingly involved in ITC litigation and the development of ITC jurisprudence.2 The Federal Circuit's recent decisions in Yingbin-Nature (Guangdong) Wood Industry Co. v. International Trade Commission' and Kyocera Wireless Corp. v. International Trade Commission' have adversely impacted the ITC's ability to offer effective remedies to complainants and stripped the ITC's ability to exclude certain * J.D. Candidate, May 2011, The George Washington University Law School; B.S. in Bioengineering, 2007, Rice University,.The author is employed as Law Clerk to Commis- sioner Deanna Tanner Okun, U.S. International Trade Commission. The views expressed herein are those of the author and do not reflect the views of the ITC, Commissioner Okun, or any of the ITC's employees. Many thanks to Paul Bartkowski, Kevin Rodkey, and Janet Gongola for their guidance and input on this Article and to my family and friends for their support. Most importantly, thank you to my father, C. Michael Ginnings, to whom I am greatly indebted for all of my opportunities and successes. ' Thirty-four new intellectual property investigations were instituted at the ITC in the 2006 fiscal year, compared with the average of twelve new investigations annually between 1995 and 2000. JEFFREY M. FISHER, THE PROS AND CONS OF PATENT LITIGATION BEFORE THE INTERNATIONAL TRADE COMMISSION (2006), available at http://www.fbm.com/docs/ publications/381flcc6-b7fa-4f90-a21d-3e4c72b4b22fdocument.pdf 2 For example, the Federal Circuit issued five decisions in ITC patent infringement investigations in 2009 alone, and the trend has continued in 2010 and 2011. See Opinions & Orders Search, U.S. CT. OF APPEALS FOR THE FED. CIR., http://www.cafc.uscourts.gov/ opinions-orders/0/itc/all.html (last visited Feb. 10, 2011). ' 535 F.3d 1322 (Fed. Cir. 2008). 4 545 F.3d 1340 (Fed. Cir. 2008).

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