May 8, 2014
On Thursday, May 8, 2014, Jonathan will participate in an Intellectual Property Owners Association Webinar entitled "Are Digital Transmissions an “Article” under Section 337? Looking Ahead to the Federal Circuit".
The U.S. International Trade Commission laid claim to the digital world last month, ruling that it has jurisdiction to prevent the transmission into the U.S. of electronic files that infringe patents. The ruling came as part of a long-running patent infringement battle between Align and ClearCorrect, who sell rival teeth straightening systems. The Commission ordered ClearCorrect to stop transmitting from Pakistan the digital data it needs to make its dental molds in Texas.
The case at the ITC was one of first impression, and it drew submissions from interested parties including Google and Nokia. ClearCorrect has already announced its intention to appeal to the Federal Circuit. The case touches on issues that have been addressed in several earlier appellate decisions, such as the reach of U.S. law to other countries (Microsoft v. AT&T), the IP status of digital signals (In Re Nuijten), and the scope of the ITC (Kyocera, Tian Rui andSuprema).