Sitting en banc, the Fed Cir vacated its previous opinion Suprema, Inc. v. ITC, reinstated the appeal, and granted the ITC’s petition for rehearing en banc. The now-vacated panel opinion had held that the ITC lacked authority to exclude allegedly-infringing goods where the theory of infringement was limited to inducement, and the only underlying act of direct infringement occurred post-importation. Fish & Richardson’s summary of the panel opinion can be found here. Judge Moore did not participate in the en banc court’s review.