Notable Successes

The International Trade Commission has affirmed Desmarais LLP’s complete trial victory for OPEX Corporation, blocking the importation of warehouse automation products. 
 
The ITC’s order on July 31, 2023 fully upheld Chief Administrative Law Judge Clark Cheney’s initial determination from March 2023 related to OPEX’s patents (Nos. 8,622,194 and 10,576,505). Judge Cheney ruled that all OPEX’s asserted claims were valid and HC Robotics infringed those claims through the importation of HC Robotics' warehouse automation products from China and the sale of those products through its U.S. distributor Invata. In its recent final determination, the ITC issued a limited exclusion order and cease and desist orders against both HC Robotics and Invata, as well as set a bond of 100% of the excluded products. Desmarais LLP filed the initial ITC complaint on OPEX's behalf in December 2021.
 
“We were happy to see the commission agree with Chief Administrative Law Judge Cheney in ruling for our client, OPEX Corporation, on all issues,” Goutam Patnaik of Desmarais LLP, told Law360. “This case is a great example of how useful the ITC can be for companies like OPEX when faced with infringing imports. The remedies ordered by the commission, in conjunction with the consent order previously entered by the respondents, will be valuable protection for OPEX going forward.”
 
The Desmarais LLP team representing OPEX before the ITC includes Paul Bondor, Goutam Patnaik, David Shaw, Tuhin Ganguly, and Jonathan Lewis.
 
Law360 – “ITC OKs Exclusion Order Against Chinese Warehouse Robots”

Paul A. Bondor

Tuhin Ganguly

Jonathan Lewis - Admitted in NC Only

Goutam Patnaik

David J. Shaw