Even After Suprema, ITC's Digital Authority Still In Doubt

Law360, New York (August 13, 2015, 10:47 PM EDT) -- The Federal Circuit's en banc decision Monday in Suprema v. ITC — the court said the agency has the authority to ban the importation of materials that induce patent infringement even if they aren't infringing when they cross the border — was a big deal in its own right, but many observers quickly wondered how the ruling might impact an even more closely watched case that's also sitting before the appeals court.

That case is ClearCorrect v. ITC, which reached the Federal Circuit after an ITC judge declared that the agency has the authority to stop the importation of digital files,...

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