Lack of Infringement at Importation does not Require ITC Finding of Noninfringement

The court denied respondents' motion for summary determination of noninfringement as to the method claims of complainant's asserted electronics patents. "[Respondent] seeks a summary determination finding that [the] accused products do not directly infringe [complainant's] asserted method claims. [Respondent] argues that such a finding is required because "[complainant] has wholly failed to demonstrate that the direct infringement of any of these method claims occurs . . . at the time of importation, as is required for a finding of a violation of Section 337." This is an incorrect tautology; [complainant's] failure to demonstrate direct infringement of the accused products at the time of importation does not prevent a finding of direct infringement of the method claims, it only prevents a finding that the direct infringement constitutes, in and of itself, a violation of Section 337."

Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof, 337-TA-847 (ITC April 14, 2013, Order) (Pender, ALJ).