On Remand, Panel Affirms ITC Finding Of Section 337 Violation

Suprema, Inc. v. International Trade Commission

In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade Commission's finding that appellant Suprema violated § 337 by inducing infringement of intervenor Cross Match Technologies' patents. Suprema, Inc. v. International Trade Commission, Case No. 12-1170 (Fed. Cir., Sept. 14, 2015) (O'Malley, J.) (Suprema III) (non-precedential).

By way of background, in an 2013 opinion, a panel of the Federal Circuit reversed a finding by the ITC that Suprema had violated § 337 by inducing infringement of intervenor Cross Match's patents, finding that the language of § 337 did not provide the ITC with jurisdiction in a case where the underlying act of infringement did not take place until after importation. See  IP Update, Vol. 16, No. 12 (Suprema I). The full Federal Circuit reheard the case en banc, and by a 6-4 vote reversed the panel