ITC can only look at imports and damages - aka lack of profit split - where they were due
And they found they were due, given the existence of the patent valid during the time in question
Feel free to correct me I’m wrong about the ITC
I actually don't know for certain and I was in Google Patent Litigation (as tech advisor). I never had a case before the ITC so I can't say 100%, but AFAIK only the PTO or a regular Federal court can declare a patent invalid.
But maybe they can say "well, this will probably be declared invalid, so we're going to stay the order." Like a German court can do. So please tell us one way or the other.
"Infringement, validity, and/or enforceability" constrained to section 337, per the above legal analysis.
IANAL
OK, we're splitting hairs, but an ITC determination that your patent is invalid doesn't render it useless in other contexts.