Whether the Federal Circuit's judgment should be vacated as moot and remanded with instructions to vacate the Commission's orders

QUESTIONS PRESENTED Section 337 of the Tariff Act confers on the International Trade Commission (“ITC” or “Commission”) authority to prohibit “importation into the United States * * * of articles that * * * infringe a valid *** patent.” 19 U.S.C. 1337(a)(1(B). Although Section 337 is designed to address cross-border unfair trade practices, the Commission has increasingly asserted authority over purely domestic patent infringement that is the province of Article III courts and juries. Here, the Commission issued an order banning importation of set-top boxes that are integral to Comcast’s X1 cable service, even though those boxes are staple articles of commerce that infringe no patents; the purported inducement and infringing uses occurred domestically after importation; and Comcast did not itself import the boxes. While this case was on appeal to the Federal Circuit, the patents at issue expired and the Commission’s orders lapsed. The Federal Circuit nonetheless affirmed the Commission’s orders. The questions presented are: 1. Whether the Federal Circuit’s judgment should be vacated as moot and remanded with instructions to vacate the Commission’s orders, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950). 2. If the case is not moot, whether the Commission exceeded its authority under 19 U.S.C. 1337(a)(1)(B), by holding that the set-top boxes are “articles that * * * infringe.” 8. If the case is not moot, whether the Commission exceeded its authority under 19 U.S.C. 1337(a)(1)(B) by finding that Comcast engaged in “importation” of the allegedly infringing articles.