November 12, 2015 — A U.S. federal court has ruled in favor of ClearCorrect in a case involving digital data, noting that the U.S. International Trade Commission (ITC) does not have authority over the data. The case has implications that could affect how the Internet is regulated.
The ruling by the U.S. Court of Appeals for the Federal Circuit is the latest in a three-year patent infringement dispute involving ClearCorrect and the ITC. Since ClearCorrect’s aligners are made using digital data imported from Pakistan, the question at stake is whether the ITC has the ability to regulate digital goods. Two out of the three federal judges who heard the case said no.
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