AI And Section 337 Investigations

The Highlights 

1. Jurisdictional Limits on Digital AI Inputs:  Because p 337 applies only to "articles," the ITC generally lacks authority over intangible digital imports such as electronically transmitted AI training data or standalone AI software.
2. Hardware-Linked AI Products Likely to Drive Future Cases:  AI‑first and AI‑enabled hardware—such as wearables, smartphones, and automotive sensors—are expected to generate substantial ITC litigation as companies rely on p 337 to block infringing physical imports.
3. Induced Infringement May Provide a Path for AI Software Claims:  Under the Suprema framework, complainants may pursue p 337 relief against imported hardware if the importer facilitates post‑importation installation or use of infringing AI software.