Federal Circuit backs USITC in appeal

The Federal Circuit has backed a  US International Trade Commission (USITC) order barring the import of products that infringe the patent of a toddler mug.

The ruling handed down yesterday, July 16, found that US company  Mayborn, which makes a “No-Knock Cup” that prevents spills by anchoring the container to a surface, filed its complaint against the barring of the importation of its products that infringe the patent too late.

The investigation began after rival manufacturer  Mighty Mug, along with Alfay Designs and Harry Zimmerman, filed a complaint at the Commission against an alleged infringement of a patent of its toddler mug, which did not initially include Mayborn. Consequently, Mayborn took no action during the proceedings

Following this investigation, the USITC issued a general exclusion order (GEO) in 2018, and, in 2019, Mighty Mug and its fellow complainants notified Mayborn and its retail partners that its products infringed its patent in violation of the GEO.

Mayborn petitioned the commission to rescind or modify the order, claiming that “the conditions which led to such exclusion from entry or order no longer exist”, and argued that that this requirement was satisfied because the patent was invalid. The USITC rejected this petition because its discovery of prior art “didn’t count as a changed condition” and that the ITC “had no obligation to consider the substance of Mayborn’s petition”.

Mayborn appealed against this decision, arguing that the commission erred in “rejecting its petition for rescission”, while USITC countered by stating that Mayborn “lacks the standing to appeal the commission’s denial of its petition” .

The Federal Circuit upheld the USITC’s decision and ruled that Mayborn was unable to remove the import ban by arguing that the patent it is accused of infringing is invalid.

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