Suprema, Inc. v. International Trade Commission, (May 13, 2014) (nonprecedential order) (ITC)

Sitting en banc, the Federal Circuit vacated its previous opinion Suprema, Inc. v. ITC, reinstated the appeal, and granted the ITC’s petition for rehearing en banc. The now-vacated panel opinion had held that the ITC lacked authority to exclude allegedly-infringing goods where the theory of infringement was limited to inducement, and the only underlying act of direct infringement occurred post-importation. Fish & Richardson’s summary of the panel opinion can be found here. Judge Moore did not participate in the en banc court’s review.