CIT Denies Patent Holder's Motion to File Amicus Brief in Patent Exclusion Challenge

The Court of International Trade denied a motion by patent-holder PPC to participate as amicus curiae in an action challenging U.S. Customs and Border Protection’s denial of plaintiff Corning Gilbert Inc.’s protests relating to CBP’s exclusion of its coaxial cable connectors pursuant to an International Trade Commission general exclusion order. CIT said participation in actions challenging the denial of protests is generally limited to the importer and the government, and the broad scope of PPC’s requested involvement would be akin to granting a motion to intervene, which is statutorily barred by 28 USC 2631(j)(1)(a).

Furthermore, although amicus briefs are not altogether unheard of in such actions, CIT said it does not believe that participation by John Mezzalingua Associates, Inc. (d/b/a PPC) at this point will assist with the “just, speedy, and inexpensive determination” of this action. Instead, said CIT, PPC’s participation would act as a hindrance because CIT would have to repeatedly weigh whether PPC’s participation runs afoul of the prohibition on intervention in 28 USC 2631(j)(1)(a).

CIT said that when, as, and if it determines that PPC’s views on a particular legal issue may be helpful, it will invite PPC to file an amicus curiae brief, and denied PPC’s motion for leave to appear as amicus curiae.

(Slip Op. 12-62, dated 05/14/12, Judge Gordon)