ITC reaffirms its power to bar digital file transfers

The US International Trade Commission (ITC) has reaffirmed its power to ban electronic transmissions (such as pirated films or software) from the US where those transmissions infringe an intellectual property right or are otherwise based on an unfair trade practice. Civil penalties for violating such an ITC order can be twice the value of the imported article or $100,000 (£60,000) per day — whichever is greater.

The US ITC has issued cease-and-desist orders against companies that were electronically importing digital data found to infringe US patents. The decision settles any remaining ambiguity about the ITC’s power to bar electronic data transmissions, such as pirated films or software, from abroad.

The decision came nearly two years after the ITC instituted Certain Digital Models, Digital Data and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom and Methods of Making the Same (Digital Models). Align Technology filed the complaint against respondents ClearConnect US and ClearConnect Pakistan (ClearConnect), alleging that ClearConnect infringed its patented method of making patient-customised dental equipment. Align Technology alleged that ClearConnect collected patient data in the US, electronically transmitted it to Pakistan for analysis and processing and then electronically transmitted it back into the US, where it manufactured the infringing dental equipment…

Click on the link below to read the rest of the Allen & Overy briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

  • Panel reviews

    Panel reviews 2014: The chosen ones

    Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all

  • training

    Accutrainee: Revolution postponed

    At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.

View more analysis from The Lawyer

Overview

One Bishops Square
London
E1 6AD
UK
http://www.allenovery.com

Turnover (£m): 1,234.30
No. of lawyers: 2,194 (UK 200)
Jurisdiction: UK
No. of offices: 11
No. of qualified lawyers: 273 (International 50)