Fed. Circ. Won't Rehear Case Over ITC's Digital Power

Law360, New York (March 31, 2016, 12:56 PM EDT) -- The Federal Circuit said Thursday that it wouldn't reconsider its decision that the International Trade Commission lacks the authority to block the import of digital files, drawing a lengthy dissent from one of its judges.

Denying a motion for en banc rehearing, the appeals court left in place a November panel ruling that the ITC's authority to police the import of infringing "articles" extends only to physical goods, not to digital files that enter the U.S. electronically.

The case has drawn high-profile attention on both sides. The film and record industries have pressed the court to expand the ITC's power to...

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