First published in LES Insights
The International Trade Commission has the power to stop importation of articles that infringe a valid U.S. patent. In a recent en banc decision, the Court of Appeals for the Federal Circuit upheld the ITC’s statutory interpretation that it can stop imports of articles that do not infringe until after importation where a foreign seller induces the post-importation infringement. This decision confirms that the ITC may stop products that do not infringe at the time of importation. It provides potent relief to patent owners, allowing them to exclude products that do not infringe before they enter the U.S., rather than needing to wait to seek relief until after the products enter the U.S. and the infringement begins.