Indirect Infringement At The ITC Post-Suprema

Law360, New York (January 3, 2014, 12:08 PM EST) -- In a potentially far-reaching decision, the Court of Appeals for the Federal Circuit in Suprema Inc. and Mentalix Inc. v. U.S. International Trade Commission vacated an ITC determination based on induced infringement, holding that the commission has no authority under Section 337 to find a violation in an inducement case involving method claims where the articles do not directly infringe at the time of importation.[1]

At first glance, the opinion appeared to destabilize decades of established ITC law, under which indirect infringement could form the basis...
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