Electronic Data Transmissions

News & Analysis as of

Workplace Policy Institute Insider Report - October 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress...more

3D Printing: What it Means To Manufacturers Who Want To Sell Replacement Parts in a Digital Ecosystem

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers...more

Brazil eSocial Launch Is Postponed Again, But Employers Should Not Ignore It

After agonizing months of uncertainty for employers, on August 31, 2016, Brazil’s eSocial Steering Committee issued a new resolution postponing the eSocial digital bookkeeping program’s implementation deadlines, the first of...more

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

Data Transmission Patent Not Invalid Under Alice

Since the decision of Alice v. CLS Bank, courts have routinely invalidated patents for being directed to nothing more than abstract ideas with no inventive concept. However, there is light at the end of the tunnel for patent...more

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium -...more

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance...more

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry...

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic...more

President Signs Law Charging VAT on Services Provided via the Internet

On 3 July 2016 the President of the Russian Federation signed Federal Law No. 244-FZ on Amendments to Parts One and Two of the Tax Code of the Russian Federation (the “Law”), which enters into force on 1 January 2017....more

Banking By Phone Requires More Demanding Responsibilities for Bank Management and the Board of Directors

Competition and technology are demanding that banks provide more convenient payment choices for consumers. Consequently, banks are offering mobile financial services (MFS) that can be accessed through mobile devices such as...more

Der Markteintritt für deutsche IT Firmen aus dem Bereich des Gesundheitswesens

With expenditures of over $ 3 trillion of market in the field of health care in the United States is huge. Incentives of the Federal Government for the introduction of electronic medical records resulted increasingly in the...more

Update: Federal Circuit Declines to Reconsider ITC Jurisdiction over Electronic Transmissions of Digital Data

The scope of the United States International Trade Commission’s ability to prevent infringement from abroad may have just been significantly reduced. On March 31, 2016, the Federal Circuit Court of Appeals issued an order...more

Important Decisions on the Scope of the ITC's Authority

In the latter half of 2015, the Federal Circuit in Suprema v. ITC and ClearCorrect v. ITC issued two decisions addressing the scope of the International Trade Commission’s (“ITC”) authority to exclude infringing articles. In...more

ITC Section 337 Update – February 2016

Commission and Align Technology Petition for Rehearing En Banc in ClearCorrect - On January 27, 2016, the U.S. International Trade Commission (“Commission”) and Align Technology, Inc. petitioned for rehearing en banc in...more

2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC...

On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more


TRADE POLICY - TPP RUNS INTO HEADWINDS - As predicted in past blog posts, on December 28, 2015, the Wall Street Journal reported that the US Election Debate was complicating the passage of the Trans Pacific...more

Living in a Nonmaterial World: Determining IP Rights for Digital Data

The U.S. International Trade Commission (ITC) regulates U.S. trade and oversees Section 337 investigations that address unfair competition based on alleged infringement of intellectual property rights. The ITC has been a...more

2015 End-Of-Year Wrap-Up

On November 19, 2015, Benesch’s 3D printing group quarterbacked a well-attended presentation sponsored by the Association for Corporate Growth-Cleveland. In addition to Mark Avsec from Benesch (and Ira Kaplan’s...more

Federal Circuit Panel Rejects ITC Assertion of Authority Over Intangible Articles - ClearCorrect Operating, LLC et al. v. Int’l...

Reviewing an interpretation by the U.S. International Trade Commission (ITC or Commission) of its enabling statute (§ 337 of the Tariff Act) for the second time in three months, a divided panel of the U.S. Court of Appeals...more

Data Security Breaches: Are you covered?

Data security breaches can have a significant impact a company’s bottom line. While larger corporations may be able to sustain the financial hit, small to mid-size corporations can be significantly impacted from the financial...more

ITC Section 337 Update – November 2015

Federal Circuit Panel Rules Commission Lacks Jurisdiction Over Digital Transmissions – On November 10, 2015, the Federal Circuit issued a 2-1 panel opinion in ClearCorrect Operating LLC v. ITC, Appeal No. 2014-1527, reversing...more

ClearCorrect Ruling Keeps ITC From Policing 3D Printing and Other Digital Data Transmission

3D printing has been a common topic of discussion of the blog. We’ve written about it and in a more in-depth review of the legal issues raised by the emergence of 3D printing in the medical device industry in our September...more

Federal Circuit’s ClearCorrect ruling impacts ITC ability to police 3D printing and other disputes involving digital data...

The ITC does not have jurisdiction over digital data transmitted into the United States from abroad, according to a recent Federal Circuit ruling related to 3D printing....more

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