Client Alert: A Framework for Analyzing Articles that Infringe Under Section 337

Section 337, the statute governing unfair trade practice investigations at the United States International Trade Commission (ITC), makes it unlawful to import into the United States, to sell for importation into the United States, or to sell after importation “articles that . . . infringe” a valid and enforceable United States patent. 19 U.S.C. § 1337(a)(1)(B)(i). The question of whether imported components of an infringing product constitute “articles that infringe” has been the subject of numerous Commission and Federal Circuit opinions. Recently, in The Matter of Certain High-Density Fiber Optic Equipment and Components Thereof (337-TA-1194)(Fiber Optic Equipment), the Commission reiterated its position that the statutory phrase “articles that infringe” can cover components that are combined with other domestically produced components after importation to directly infringe, if the respondent induces others to commit the infringing act. Further, Chair Jason Kearns offered an additional framework for use in future investigations involving a respondent that uses the component after importation to directly infringe the patent. Read more.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: A Framework for Analyzing Articles that Infringe Under Section 337

Section 337, the statute governing unfair trade practice investigations at the United States International Trade Commission (ITC), makes it unlawful to import into the United States, to sell for importation into the United States, or to sell after importation “articles that . . . infringe” a valid and enforceable United States patent. 19 U.S.C. § 1337(a)(1)(B)(i). The question of whether imported components of an infringing product constitute “articles that infringe” has been the subject of numerous Commission and Federal Circuit opinions. Recently, in The Matter of Certain High-Density Fiber Optic Equipment and Components Thereof (337-TA-1194)(Fiber Optic Equipment), the Commission reiterated its position that the statutory phrase “articles that infringe” can cover components that are combined with other domestically produced components after importation to directly infringe, if the respondent induces others to commit the infringing act. Further, Chair Jason Kearns offered an additional framework for use in future investigations involving a respondent that uses the component after importation to directly infringe the patent. Read more.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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