September 1, 2016
In November 2015, in ClearCorrect Operating, LLC, et al. v. International Trade Commission and Align Technology, Inc., the U.S. Court of Appeals for the Federal Circuit held that the International Trade Commission (ITC) has no authority to block the importation of digital files. Subsequently, in March 2015, the Federal Circuit rejected the request by the ITC to review the case en banc. Yesterday, ClearCorrect announced that the ITC and Align have elected not to appeal the Federal Circuit’s ruling to the U.S. Supreme Court.
Our alert summarizing the Federal Circuit’s November ruling in this case can be found here.
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