Suprema

News & Analysis as of

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement - Suprema, Inc. and Mentalix Inc. v. Int’l Trade...

In a 6-4 ruling, a sharply divided en banc Federal Circuit overturned the original panel decision and deferred to the International Trade Commission’s (ITC or Commission) interpretation of the phrase “articles that …...more

US China Trade War — Stock Market Crash, Presidential Trade Politics, Trade Policy, Customs, Antitrust and Securities

The Chinese stock market crash and world- wide effect on stock markets around the World has created a crisis with day to day developments. The World Stock market crash stated on August 24, 2015 and went through to August...more

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

Divided Federal Circuit Says U.S.I.T.C. May Exclude Indirectly Infringing Items

The U.S. International Trade Commission (ITC) is a powerful tool for enforcing intellectual property rights. The U.S. Court of Appeals for the Federal Circuit recently expanded that power – at least for the time being,...more

ITC Section 337 Update – August 2015

En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

Federal Circuit authorizes ITC to bar imports that may or may not be used to infringe

On August 10, 2015, the Federal Circuit extended the reach of the ITC to cover accused articles that do not directly infringe when coming into the country through customs, but are later made or used to directly infringe a...more

En banc Federal Circuit Affirms ITC’s Authority to Issue Exclusion Orders for Induced Infringement of Method Claims

Reversing an earlier panel decision, the en banc Federal Circuit confirmed that the ITC has the authority to issue exclusion orders against imported products that ultimately are used to infringe method claims, even if those...more

Suprema v. ITC: En Banc Federal Circuit Overturns Panel Decision, Finds ITC Has Jurisdiction Over Induced Infringement of Method...

Yesterday morning, the full Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC and reversed the controversial Federal Circuit opinion that had effectively precluded the International Trade Commission from...more

ITC Has Power Over Imported Articles With Potential to Induce Infringement

On Aug. 10, 2015, the Federal Circuit issued a much-anticipated opinion confirming the authority of U.S. International Trade Commission (“ITC” or “the Commission”) to stop importation of articles which are used, after...more

ALJ Shaw Confirms ITC’s Post-Suprema Authority to Exclude Articles That Infringe After Importation Based on Contributory...

The International Trade Commission has recently released the public version of the Administrative Law Judge’s Final Initial Determination in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices,...more

ITC Section 337 Update - February 2015

Oral Argument Fails To Shed Light On The Outcome Of Anticipated En Banc Federal Circuit Decision In Suprema – On February 8, oral argument was held before the en banc Federal Circuit in Suprema v. Int’l Trade Comm’n, Case No....more

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

ITC Section 337 Update – October 2014 #2

Appellee Commission and Intervenor Cross Match Submit Briefs Supporting Overturning Federal Circuit Split Panel Decision in Suprema – On October 15, 2014, Appellee Commission filed an En Banc Brief and Intervenor Cross Match...more

Federal Circuit to Review Consideration of Induced Infringement at the ITC En Banc

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...more

Full Federal Circuit Vacates Panel Decision In Suprema And Grants Petitions For Rehearing En Banc

As we reported last month, the International Trade Commission and Cross Match Technologies, Inc. petitioned for a panel rehearing and a rehearing en banc of the Federal Circuit’s December decision in Suprema v. International...more

April 2014: ITC Litigation Update

Inducement in the ITC Following Suprema? A split Federal Circuit panel held in Suprema, Inc. v. ITC (Dec. 13, 2013) that an exclusion order issued by the International Trade Commission (“ITC”) under Section 337 “may not be...more

ITC Section 337 Update

ITC Judge Lord Declines Applying Suprema Holding - In ITC Enforcement Proceeding – On May 20, 2013, the Commission instituted an enforcement proceeding in Two-Way Global Satellite Communication Devices, System And...more

ITC Section 337 Update – February 2014

Commission Petitions Federal Circuit For Panel Rehearing And Rehearing En Banc In Suprema Case – On Friday, February 14, 2014, the Commission filed a Combined Petition for Panel Rehearing and Rehearing En Banc in Suprema v....more

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