Vanderbilt Journal of Transnational Law


John C. Herman

First Page



Section 337 of the recently amended Tariff Act of 1930 permits United States patent owners to bar from importation goods that infringe upon their patents. In Amgen, Inc. v. United States International Trade Commission, the Federal Circuit refused to grant relief to the patent owner because it had no claim on either the final product imported or the process to create the product. The alleged infringer, however, had to use the patented product to create the final product, which, if done in the United States, would infringe the patent.

This Comment argues for an extension of section 337 to cover this type of behavior, especially in regard to high technology products. For years this industry has been the victim of multi-million dollar piracy and United States corporations require this protection to remain or become competitive. Fledgling biotechnology corporations, who depend heavily upon patent protection, especially need increased protection to develop and market their products.