The Role Of Section 271(g) In The Wake Of ClearCorrect
Law360, New York ( April 11, 2016, 10:36 AM EDT) -- In ClearCorrect Operating LLC v. U.S. International Trade Commission,[1] the Federal Circuit held that the ITC lacks authority over the electronic transmission of digital data into the United States. Central to the court's holding was the determination that digital data is not an "article" within the meaning of 19 U.S.C. §1337(a)(1). However, in a companion case, Align Tech Inc. v. ITC,[2] the court was asked, and declined, to provide additional clarity as to the role of 35 U.S.C. § 271(g) in Section 337 investigations. Thus, following ClearCorrect, patent owners, and particularly those in industries that rely on the importation of intermediaries, must continue to be mindful when choosing where to adjudicate claims of patent infringement....
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