On January 15, 2015, the United States filed an unopposed motion for leave to participate in oral argument before the en banc Federal Circuit in Suprema v. ITC, No. 12-1170.  Oral argument currently is scheduled for February 5, 2015.  In its motion, the Department of Justice stated that “[t]his en banc proceeding involves issues of broad significance to the United States” and noted that the United States had filed a brief expressing the views of the federal government as amicus curiae at the invitation of the Federal Circuit.  The Justice Department’s amicus brief supports the International Trade Commission’s position that Section 337 authorizes the exclusion “not merely of fully assembled patented inventions, but of all articles for which infringement liability may be imposed under the Patent Act,” including “articles imported into the United States in a manner that constitutes active inducement of patent infringement.” Among other arguments, the Justice Department reasons that because neither the Patent Act nor the Tariff Act define “articles . . . that infringe,” the Commission’s interpretation, translating the in personam liability provisions of the Patent Act into the in rem scheme of the Tariff Act, is reasonable and entitled to deference.