United States Federal Circuit

The International Trade Commission's (ITC) limited exclusion order barring importation of optical scanning devices and a related cease and desist order are: 1) vacated as to the cease and desist order; and 2) vacated as to the limited exclusion order in part, and remanded so that the order can be revised to bar only a subset of the scanners at issue that infringe a claim of an asserted patent at the time of importation, because an exclusion order based on a violation of 19 U.S.C. section 337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. section 271(b) where direct infringement does not occur until after importation of the articles the exclusion order would bar. Additionally, the ITC properly concluded that the scanners at issue did not infringe the asserted claims of the '562 patent when properly construed.

Appellate Information

• Decided 12/13/2013
• Published 12/13/2013

Judges

• O’MALLEY

Court

• United States Federal Circuit

Counsel