In a Law360 article titled, “Federal Circuit Shows ITC Consent Orders Have Teeth,” litigation partner Ellen Robbins discussed a Federal Circuit ruling against DBN Holding. The ruling indicated that there will be consequences when a company violates its consent order with the U.S. International Trade Commission, even if the company believes the terms of the agreement have been nullified. Robbins said the ruling drives home that unless there are carveouts or other exceptions in a consent order, the orders must be followed until the ITC says differently.

Law360 wrote, “The ruling is in line with any party's entering into a contract with the government and treats DBN's action similarly to violating an injunction, Robbins said. The logic would apply not just to ITC consent orders but also to consent orders wherever they may appear in the government. Otherwise, she said, consent orders would be useless.”