Divided Federal Circuit: Electronic Transmissions Are Not ‘Articles’
(November 11, 2015, 11:47 AM EST) -- WASHINGTON, D.C. — A decision by the International Trade Commission that affirmed findings by an administrative law judge (ALJ) that digital data is an “article” covered by Section 337 of the Tariff Act of 1930 was reversed and remanded Nov. 10 by a divided Federal Circuit U.S. Court of Appeals (ClearCorrect Operating LLC and ClearCorrect Pakistan [Private] Ltd. v. International Trade Commission and Align Technology Inc., No. 14-1527, Fed. Cir.).
(Decision available. Document #16-151116-012Z.)
The appellate majority of Circuit Judges Sharon Prost and Kathleen M. O’Malley...