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The Intellectual Property StrategistKickerFeaturesTopicsCommercial LawLitigationRegulationTechnology Media and TelecomSectionsNewsLJN Newsletters

111010001: An Article of Commerce?

By Bryan Kohm and Stefan Szpajda
December 31, 2015

In ClearCorrect Operating, LLC v. ITC, No. 2014-1527, 2015 U.S. App. LEXIS 19558 (Fed. Cir. Nov. 10, 2015), the Federal Circuit limited the International Trade Commission's (ITC) jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports. (Note: Digital imports are limited to electronically transferred data, not digital data imported on physical medium, such as disks or drives.) Id . at 12. In light of the recent en banc decision in Suprema, Inc. v. ITC, 796 F.3d 1338 (Fed. Cir. 2015), the panel's decision is unlikely to be the final word on the issue.

The ITC Investigation

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