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Federal Circuit: ITC may act even when direct infringement occurs after importation

Peter Leung, Washington DC

In a 6-4 en banc decision, the Federal Circuit ruled that Section 1337 covers importation of goods that after importation are used to directly infringe at the seller's inducement

Yesterday's written decision in Suprema v ITC  confirms the ITC's ability to act on inducement claims based on method patents and also the Commission's authority to interpret the scope of its jurisdiction.

Suprema involves US patent 7,203,344 held by...

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