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Recent U.S. Court Decisions And Developments Affecting Licensing

By John Paul and D. Brian Kacedon

In a recent split 2-1 panel decision in ClearCorrect Operating, LLC v. International Trade Commission, the Federal Circuit found that the International Trade Commission (ITC) had no jurisdiction to remedy patent infringement by blocking infringing digital data files from being imported into the United States because the ITC’s jurisdiction is limited to tangible “articles.”

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