So long ITC for a number of cases?

It's early, but as I read this case it may severely limit the ability to bring cases in the ITC, rather than federal court.  Y'all probably know better than me.

6 thoughts on “So long ITC for a number of cases?

  1. “Fenwick & West LLP, through a trial and appellate team… is pleased to have brought about this result for its clients, Suprema, Inc. and Mentalix, Inc.”

  2. Actually David, having approved contributory infringement may make ITC actions more difficult because one of the elements of proof of contributory infringement is that the product have no substantial noninfringing use. That additional element is not really required for inducement where the product is being used in an infringing matter by somebody and the importer actively induced the infringing activity in some manner.

  3. David, essentially the court held that under (B)(i) that the products imported had to directly or contributorily infringe. This would exclude banning products that themselves do not infringe but are later used in an infringement by “use” or by practicing a method.

    I don’t have any data on how many cases are brought simply on the fact that the products are later used to infringe, but it seems to me that most ITC actions are brought against products that directly infringe or contributorily infringe, or involve products made by processes practiced abroad.

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