Fed. Circ. Curtails ITC Authority On Import Bans

Law360, New York (December 13, 2013, 6:48 PM EST) -- The U.S. International Trade Commission lacks authority on inducement of infringement when the alleged direct infringement happens only after the product is imported into the U.S. and then used in combination with a particular software, the Federal Circuit ruled Friday.

In a precedential decision that partly vacates the ITC’s 2011 importation restrictions on fingerprint scanners by South Korea-based Suprema Inc., a three-judge Federal Circuit panel ruled that the ITC’s Section 337 does not reach conduct where a product may be found to infringe only after it...
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