On Dec. 13, 2013, the United States Court of Appeals for the Federal Circuit, in Suprema, Inc., et al. v. International Trade Commission
Federal Circuit Limits ITC's Indirect Patent Infringement Authority
On Dec. 13, 2013, the United States Court of Appeals for the Federal Circuit issued a landmark decision limiting the statutory authority of the International Trade Commission (ITC) to remedy indirect infringement, holding "that an exclusion order based on a violation of 19 U.S.C. '1337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. '271(b) where direct infringement does not occur until after importation of the articles the exclusion order would bar."
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