Does a money-judgment stay permit sales?
Rule 62(a) generally stays execution and enforcement of a judgment for 30 days after entry, subject to its exceptions and court orders. Rule 62(b) permits a stay through a court-approved bond or other security. These provisions concern enforcement of the judgment; security for a damages award is not permission to disregard an injunction.
What if the court entered an injunction?
Under Rule 62(c), an injunction is not automatically stayed after entry or during an appeal unless the court orders otherwise. Rule 62(d) addresses relief concerning an injunction while an appeal is pending. Read the injunction and any stay order before deciding what products can be sold. An appeal notice alone does not change the order.
What is different at the ITC?
Section 337 provides a separate presidential-review process. Under 19 U.S.C. 1337(j), affected articles may enter under the prescribed bond during that review period, subject to the statute and order. That review-period bond is not a general bond allowing sales or imports throughout a Federal Circuit appeal. Review the exclusion order, any cease-and-desist order, and any stay separately.
What should the business track?
Keep the signed orders, effective dates, covered products, sales and import records, and any security documents together. Separate the risk of collecting a money judgment from the consequences of violating an operative injunction or Commission order.