Inducement After Importation Actionable Under Section 337

Inducement After Importation Actionable Under Section 337

Complainants often must rely on indirect infringement to prove a violation of Section 337.  Indirect infringement may be in the form of induced or contributory infringement.  In a recent opinion, the Commission clarified issues relating to post-importation inducement and distinctions between induced and contributory infringement.  Certain Digital Video Receivers And Hardware And Software Components Thereof, Inv. No. 337-TA-1001, Commission Opinion (December 6, 2017). 

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, Inv. No. 337-TA-1003. The ALJ’s decision raises interesting issues with respect to the effect of PTAB decisions on Section 337 investigations.