Third-Party Seeking Carve-Out From General Exclusion Order Must Intervene Early in ITC Investigation

The ITC rejected a non-party's request to be carved out from a general exclusion order regarding complainant's GFCI patent. "[The non-party] has not presented a compelling reason to make such an exception. Moreover, [it] apparently knew about the present investigation as early as the institution phase, but chose not to intervene to protect its interests. Any burden imposed on [it] by remedial orders could have been avoided if [it] had participated in the present investigation and had presented meritorious defenses."

Ground Fault Circuit Interrupters and Products Containing Same, 337-TA-739 (ITC June 8, 2012, Order) (International Trade Commission).