In an interesting decision handed down by the Federal Circuit this week, it has been found that electronic transmissions of digital data are not “articles” which the International Trade Comissision (ITC) has jurisdiction to exlcude under 19 U.S.C. 1337.  ClearCorrect Operating, LLC v. International Trade Commission, Fed. Cir., No. 2014-1527 (Nov. 10, 2015).  After an interpretation of both the literal text of the statute as well as the legislative history, the Federal Circuit reversed the ITC’s prior determination, and found the term “articles” to clearly mean only “material things”.

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