ITC Can't Claim Digital Download Authority, Fed. Circ. Told
By Vin Gurrieri (April 14, 2015, 5:02 PM EDT) -- ClearCorrect Operating LLC has urged the Federal Circuit to reverse a ruling by the U.S. International Trade Commission that it has jurisdiction over digital downloads in a closely watched case concerning Invisalign patents, saying the ITC's decision was an improper expansion of its authority.
In an April 10 reply brief unsealed Tuesday, ClearCorrect again told the Federal Circuit to reverse the ITC's decision that qualified digital data related to Align Technology Inc.'s Invisalign teeth-straightening system as an article under the ITC's authority. That ITC ruling partially affirmed an administrative law judge's decision to hold ClearCorrect responsible for infringing six Align patents...
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