CLEARCORRECT OPERATING v. INT'L TRADE COM'N

No. 2014-1527.

810 F.3d 1283 (2015)

CLEARCORRECT OPERATING, LLC, ClearCorrect Pakistan (Private), Ltd., Appellants v. INTERNATIONAL TRADE COMMISSION, Appellee Align Technology, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

November 10, 2015.


Attorney(s) appearing for the Case

Michael D. Myers , McClanahan Myers Espey, LLP, Houston, TX, argued for appellants. Also represented by Robert Henry Espey, II ; Gary Hnath , Paul Whitfield Hughes , Mayer Brown LLP, Washington, DC.

Sidney A. Rosenzweig , Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for appellee. Also represented by Wayne W. Herrington , Dominic L. Bianchi.

Stephen Blake Kinnaird , Paul Hastings LLP, Washington, DC, argued for intervenor. Also represented by Thomas A. Counts , Igor Victor Timofeyev.

Charles Duan Public Knowledge , Washington, DC, for amici curiae Electronic Frontier Foundation, Public Knowledge.

John Thorne , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for amicus curiae The Internet Association. Also represented by Matthew A. Seligman ; Aaron M. Panner , Law Office of Aaron M. Panner, PLLC, Washington, DC.

Jeffrey A. Lamken , MoloLamken LLP, Washington, DC, for amicus curiae Business Software Alliance.

Steven Metalitz , Mitchell, Silberberg & Knupp, LLP, Washington, DC, for amicus curiae Association of American Publishers.

John D. Haynes , Alston & Bird LLP, Atlanta, GA, for amici curiae Nokia Corporation, Nokia USA, Inc. Also represented by Adam David Swain , Benn C. Wilson , Washington, DC.

Jonathan J. Engler , Adduci, Mastriani & Schaum-berg, LLP, Washington, DC, for amici curiae Motion Picture Association of America, Recording Industry Association of America. Also represented by Thomas Richard Burns, Jr. , Tom M. Schaumberg.

Opinion for the court filed by Chief Judge PROST. Concurring opinion filed by Circuit Judge O'MALLEY. Dissenting opinion filed by Circuit Judge NEWMAN.


The Tariff Act of 1930 provides the International Trade Commission ("Commission") with authority to remedy only those unfair acts that involve the importation of "articles" as described in 19 U.S.C. § 1337(a). Here, the Commission concluded that "articles" "should be construed to include electronic transmission of digital...

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