Fed. Circ.’s Suprema Ruling Seals ITC Loopholes, Attys Say

In Suprema Inc. et al. v. International Trade Commission, a split Federal Circuit ruled that the ITC has the authority to police induced infringement claims. This closes loopholes and prevents importers from bringing infringing products into the United States. The decision reversed a 2013 precedential ruling, which found that Section 337 of the Tariff Act only covers products that directly infringe U.S. patents at the time of importation. Finnegan attorney Eric J. Fues filed the amicus brief on behalf of the International Trade Commission Trial Lawyers Association. He said that the Federal Circuit's decision settles the question of whether a solution for the indirect infringement of method claims can be pursued at the ITC. He believes that the Federal Circuit's split decision may lead to an appeal at the Supreme Court.