Suprema, Inc. v. International Trade Commission

O’MALLEY, Circuit Judge,

dissenting, with whom PROST, Chief Judge, LOURIE and DYK, Circuit Judges, join.

The majority today authorizes the International Trade Commission (“Commission”) to bar the importation of articles of commerce that may or may not be later used by third parties to infringe a method patent, based only on the putative intent of the importer. And, it does so in circumstances in which it is undisputed that the patented method cannot be practiced unless the imported article is used in combination with software neither embedded in the imported article nor sold by the importer.…