This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The case addresses whether the ITC abused its discretion in refusing to modify or rescind a civil penalty after a patent was found to be invalid. Here is the introduction to the opinion.

DBN Holdings, Inc. v. International Trade Commission (Precedential)

DBN Holding, Inc. and BDN LLC appeal the U.S. International Trade Commission’s remand determination denying their petition to rescind or modify the civil penalty imposed by the International Trade Commission for violations of a consent order. In a prior appeal, we instructed the International Trade Commission to assess on remand “whether to modify or rescind the civil penalty pursuant to 19 C.F.R. § 210.76 based on the final judgment of invalidity” of the patent asserted in the underlying Section 337 investigation. DBN Holding, Inc. v. Int’l Trade Comm’n, 755 F. App’x 993, 998 (Fed. Cir. 2018) (non-precedential). On remand, the International Trade Commission determined that the civil penalty did not require modification or rescission and therefore denied the petition. Because we discern no abuse of discretion in the International Trade Commission’s determination, we affirm.