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Federal Circuit limits ITC authority to remedy patent infringement claims based on induced infringement

19 December 2013

On December 13, 2013, the United States Court of Appeals for the Federal Circuit held that a limited exclusion order under Section 337 may not be predicated on a theory of induced infringement when the subject imported product did not directly infringe before or at importation.  The decision departs from settled ITC jurisprudence and may significantly limit the ability of method patent holders to seek relief under Section 337.