Back to Blog
CAFC-ITCJuly 1, 2026·25-1860·Appeal dismissed; mandate issued July 1, 2026.

BLUE AIR FSE LLC v. ITC

International Trade Commission

Holding

The Federal Circuit dismissed the appeal under Federal Rule of Appellate Procedure 42(b) based on the parties’ agreement. Each side will bear its own costs.

Why It Matters

This order ends the Federal Circuit appeal without any merits ruling on the underlying ITC issues.

Full Summary

BLUE AIR FSE LLC v. ITC The Federal Circuit dismissed the appeal under Federal Rule of Appellate Procedure 42(b) based on the parties’ agreement. Each side will bear its own costs. This order ends the Federal Circuit appeal without any merits ruling on the underlying ITC issues. Appeal dismissed; mandate issued July 1, 2026. The order is nonprecedential and contains no substantive patent-law analysis. The appeal arose from ITC Investigation No. 337-TA-1369. The parties agreed to dismissal under Fed. R. App. P. 42(b). The Federal Circuit ordered each side to bear its own costs and issued the mandate the same day. domestic industry exclusion order non-precedential domestic industry exclusion order non-precedential non-precedential standing / jurisdiction

Key Points

  • The order is nonprecedential and contains no substantive patent-law analysis.
  • The appeal arose from ITC Investigation No. 337-TA-1369.
  • The parties agreed to dismissal under Fed. R. App. P. 42(b).
  • The Federal Circuit ordered each side to bear its own costs and issued the mandate the same day.
domestic industryexclusion ordernon-precedentialstanding / jurisdiction

How this summary was made: Drafted with AI from the court's opinion or order. Read the document itself before relying on the summary. Editorial policy

More on this topic

New to ITC Section 337? Start with Certain Ink Cartridges I (Inv. No. 337-TA-1451): What It Changes for ITC Section 337