The U.S. Court of Appeals for the Federal Circuit has decided not to grant requests for and en banc rehearing of an earlier panel decision holding that the International Trade Commission (“ITC” or “Commission”) lacks the authority to prevent the importation of infringing electronic files into the United States (ClearCorrect Operating, LLC v. International Trade Commission, November 10, 2015, per curiam). On November 10, 2015, a divided three-judge panel concluded that “articles of commerce” under Section 337 of the Tariff Act of 1930 meant “material things,” and thus did not extend to electronic transmission of digital data.
A full summary of this case has been published on Kluwer IP Law.
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