This Note first sets forth the facts and holding of the Federal Circuit’s decision in Suprema. Then, it examines the origins of the ITC, the relationship between § 337 and the Patent Act, and the cases that were raised in the majority and dissenting opinions. Next, it details the court’s interpretation of § 337 under the Chevron framework. Finally, this Note appraises the court’s construction, addresses the concerns underlying the decision, and assesses the harmful consequences of extending the ITC’s authority to the importation of non-infringing articles intended to induce post-importation infringement.
The Scope of § 337 Post-Suprema, Inc. v. International Trade Commission,
81 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss3/8