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Federal Circuit limits ITC jurisdiction over digital goods

Peter Leung, Washington DC

In a decision that some practitioners say is unsatisfying and a prime candidate for an en banc rehearing, the Federal Circuit ruled that the ITC does not have jurisdiction over infringing digital goods

ClearCorrectYesterday's ruling in ClearCorrect v ITC held that digital information sent from abroad into the US does not constitute an "article" within the scope of the ITC's jurisdiction. 

Applying the Chevron test, the Court found that Congress had spoken...

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