ITC Says Digital File Transfers Are Imports Under Tariff Act

Law360, Los Angeles (April 3, 2014, 7:13 PM EDT) -- The U.S. International Trade Commission said Thursday it has jurisdiction to prevent the international transmission of digital files that infringe patents, partially affirming a judge’s finding that ClearCorrect Operating LLC violated six patents belonging to Align Technology Inc., the developer of the Invisalign teeth-straightening system.

The ITC agreed with an administrative law judge, who found that electronic files are “articles” under a definition in the Tariff Act and that their transmission constitutes importation. The agency issued cease-and-desist orders against ClearCorrect, with exemptions for treatment of existing...
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