Suprema, Inc. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit has granted en banc review in the case of Suprema, Inc. v. International Trade Commission in order to consider whether the ITC has jurisdiction to consider allegations of induced infringement under 35 U.S.C. § 271(b) in situations where there is no direct infringement until after importation.  Suprema, Inc. v. International Trade Commission, Case No. 12-1170 (Fed. Cir., May 13, 2014) (non-precedential order).

In the panel decision (IP Update, Vol. 16, No. 12), the Federal Circuit ruled that an exclusion order based on a violation of § 337 may not be predicated on a theory of inducement where direct infringement does not occur until after importation.