Kinik: Raising the stakes for importing products derived from US patented processes practised abroad

Abstract

This paper analyses the recent ruling in Kinik Co. v. Int'l Trade Comm'n, 362 F.3d 1359 (Fed. Cir. 2004), and the impact that decision may have on proceedings before the US International Trade Commission under the Tariff Act of 1930 (19 USC §1337(a)) – particularly those concerning the importation of products derived from practising US patented processes abroad.