Suprema, Inc. v. International Trade Commission

The majority concludes that the International Trade Commission lacks authority to find a violation of 19 U.S.C. § 1337 (“Section 337”) that is premised on induced infringement where “the acts of underlying direct infringement occur post-importation.” Maj. Op. at 1360. While I agree with the majority’s disposition of this case in all other respects, I cannot join my colleagues’ decision to negate the Commission’s statutory authority to stop induced infringement at the border. Accordingly, I respectfully concur-in-part and dissent-in-part.

I

This appeal arises out of an investigation into alleged…