Corning Gilbert Inc. v. United States

In 2010, in response to a petition from the owner of a patent for a type of coaxial cable, the United States International Trade Commission issued a general exclusion order (GEO) prohibiting the importation of coaxial cables that had the following characteristics: the cable must have a cylindrical sleeve at one end that deformed to attach to a device, and the sleeve must be deformed by advancing a compression ring over the cylindrical body. After issuance of the GEO, Corning Gilbert, Inc. (Corning) (plaintiff) sought to import a type of coaxial cable. Although Corning was not part of the investigation leading to the GEO, United States Customs and Border Protection (customs) (defendant) determined that the cables fell within the GEO and thus could not be imported. Corning challenged customs’ determination, arguing in part that its cables did not meet the exclusion criteria of the GEO because its cables did not have a cylindrical body member that deformed by use of a compression ring, but rather that its cables included a separate gripping ring that itself deformed when the compression ring was advanced over the cylindrical body. Corning introduced testimony from an expert in coaxial cables stating that in the field of coaxial cables, Corning’s gripping ring would not be considered part of the cylindrical body. Customs, citing an earlier ruling it made determining that the GEO applied to Corning’s cables, argued that the gripping ring was part of the cylindrical body and thus the cable fell under the GEO. The parties filed cross-motions for summary judgment.