Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method

Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe MethodFederal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method

Suprema, Inc. v. Int’l Trade Comm., the Federal Circuit upheld an ITC exclusion order preventing Suprema from importing certain goods that could be used to infringe a patented method.  The patent at issue related to a method for processing fingerprint images.  The Suprema goods were optical scanners that could be used to perform the claimed method.  19 USC 1337 provides for the exclusion of articles that infringe a valid U.S. patent or are made by a process covered by a valid U.S. patent.  Suprema argued that it was not importing “articles that infringe.”  The Federal Circuit rejected this argument, noting that the statute “does not unambiguously exclude inducement of post-importation infringement.”  Without unambiguous exclusionary language, the court ruled that deference should be given to the ITC’s permissible construction of the statute. Suprema, Inc. v. Int’l Trade Comm., the Federal Circuit upheld an ITC exclusion order preventing Suprema from importing certain goods that could be used to infringe a patented method.  Without unambiguous exclusionary language, the court ruled that deference should be given to the ITC’s permissible construction of the statute.

source: Maier & Maier, PLLC

345 South Patrick Street
Alexandria, VA 22314
www.maierandmaier.com

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