On April 13, 2014, the Federal Circuit granted the petitions for rehearing en banc filed by the U.S. International Trade Commission and Cross Match Technologies, Inc. inSuprema, Inc. and Mentalix, Inc. v. U.S. Int'l Trade Comm'n et al., Court No. 2012-1170.  As previously reported in prior ITC Section 337 Updates, the Federal Circuit issued a split panel Opinion in Suprema v. ITC, 2013 WL 6510929, Appeal No. 12-1170 (Fed. Cir. December 13, 2013), 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."  We expect that the Federal Circuit will address this issue on en banc review.  The Federal Circuit also denied the petitioners request for panel rehearing, vacated the panel's December 13, 2013 opinion and judgment, and ordered that an en banc briefing schedule will be issued at a later date.