Induced Patent Infringement at the ITC Post-Suprema | Practical Law

Induced Patent Infringement at the ITC Post-Suprema | Practical Law

A recent en banc decision from the US Court of Appeals for the Federal Circuit confirmed the power of the US International Trade Commission (ITC) to ban parties from importing products that are used to infringe a patent at the seller’s inducement, even if the infringement does not occur until after the products are brought into the US. While this decision affirms the viability of induced patent infringement claims at the ITC, parties still face significant challenges when litigating these claims.

Induced Patent Infringement at the ITC Post-Suprema

Practical Law Article 2-619-2092 (Approx. 9 pages)

Induced Patent Infringement at the ITC Post-Suprema

by Charles F. Schill, Steptoe & Johnson LLP, with Practical Law Intellectual Property & Technology
Published on 07 Oct 2015USA (National/Federal)
A recent en banc decision from the US Court of Appeals for the Federal Circuit confirmed the power of the US International Trade Commission (ITC) to ban parties from importing products that are used to infringe a patent at the seller’s inducement, even if the infringement does not occur until after the products are brought into the US. While this decision affirms the viability of induced patent infringement claims at the ITC, parties still face significant challenges when litigating these claims.