IP Blog
International Trade Commission
A Deeper Meaning in the Federal Circuit’s Exclusion of “Digital Goods” From ITC Jurisdiction?
The Federal Circuit’s recent denial of a rehearing en banc of its decision in ClearCorrect Operating, LLC v. ITC, 810 F.3d 1283 (Fed. Cir. 2015), confirms that the International Trade Commission’s jurisdiction under Section 337 of the Tarriff Act, 19 U.S.C. § 1337 does not include digital items. ClearCorrect Operating, LLC v. ITC, No. 2014-1527 (Fed. Cir. March 31, 2016). ...
Section 337 "Domestic Industry" Requirement Satisfied by Licensing
Patent licensing activities in the U.S. satisfy the “domestic industry” requirement of 13 U.S.C. 1337(a), the Federal Circuit has reaffirmed. Interdigital Communications, LLC v. ITC, No. 2010-1093 (Fed. Cir. Jan. 10, 2013). Nokia, the accused importer of infringing devices in an International Trade Commission proceeding, had petitioned for a rehearing, either by the panel or en banc, of the Court’s earlier decision....