As long as we are on the subject of appeals, here is some food for thought.
<In general, the ITC will issue an exclusion order only if it finds a violation
of § 337.40 A finding of a violation of § 337 is based on, among other things,
infringement of a patent for which a domestic industry exists.41 This means
that a respondent challenging an exclusion order must successfully appeal at
least one dispositive issue—e.g., the patent’s validity, the question of
infringement, or the existence of a domestic industry42—for each patent
claim the exclusion order identifies.>
The USITC complaint lists infringement of 336 patent claims, 1, 6, 7, 9, 11,13, 14, 15, and 16. If found to infringe on all claims or most of those claims, a successful appeal is going to be a tall order, imo.
Opty