Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances

Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances

In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement because, without actual importation records, such evidence may not be sufficient to prove that a respondent actually shipped an infringing product.