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Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?, ITC Blog

May 2017

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Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation.  This changed when the ITC issued its Opinion in Certain Electronic Devices with Image Processing Systems, Components Thereof and Associated, Inv. No. 337-TA-724 ("Electronic Devices").  In that case the ITC held that post-importation direct infringement of a method claim, without a showing of indirect infringement, could not substantiate a violation of Section 337.  But the ITC has recently indicated that it is rethinking its Electronics Devices precedent.

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