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Expert Analysis

At The ITC, Even The Rulemaker Has To Follow The Rules

Law360, New York (September 10, 2014, 10:23 AM EDT) -- The recent Federal Circuit decision in Align Technology Inc. v. U.S. International Trade Commission, Case Nos. 13-1240, -1363 (Fed. Cir., July 18, 2014) (Chen, J.), highlights a loophole in current International Trade Commission rules, one that the commission is likely to consider closing in order to further its policy that investigations be conducted expeditiously and in a manner to avoid delay. But the case also suggests implications for the scope of exclusion orders covering digital data, which both complainants and respondents alike should carefully consider....

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