Imports, Digital Data

FDA Acting Commissioner Sharpless and Deputy Commissioner Yiannas Issue Statement on Steps to Usher the U.S. into a New Era of...

Hogan Lovells on 5/4/2019

U.S. Food and Drug Administration (FDA) Acting Commissioner Ned Sharpless, M.D., and Deputy Commissioner for Food Policy and Response Frank Yiannas recently issued a public statement on steps to usher the U.S. into a new era...more

Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Pillsbury - Internet & Social Media Law Blog on 4/8/2016

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material...more

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

BakerHostetler on 4/8/2016

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v....more

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

Kelley Drye & Warren LLP on 11/11/2015

Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...more

ITC Powerless to Block Importation of Infringing Digital Files

Knobbe Martens on 11/11/2015

The Federal Circuit held that the U.S. International Trade Commission (“ITC”) could not block the import of infringing digital files because the ITC lacked jurisdiction. According to the Federal Circuit, the term “articles”...more

Federal Circuit panel decision 2-1 reverses U.S. International Trade Commission determination that it has authority to regulate...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/11/2015

In ClearCorrect v. ITC, issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic transmissions were held to be outside the...more