ITC: Data Transmissions From Abroad Are Importations Subject To Section 337

Ruling Caused Film, Publishing, and Internet Giants to Take Note of this Powerful Weapon against Unfair Importations

Unfair acts connected to imported "articles" are unlawful under Section 337. The U.S. International Trade Commission – the agency tasked with administering Section 337 – recently ruled that data transmissions from abroad are imported articles and subject to the statute. At issue was data used to domestically produce 3D-printed dental devices, which were found by the ITC to infringe the asserted patents. But more broadly, the Digital Models investigation signals that the ITC can be a powerful weapon against many other unfair acts involving cross-border electronic transmissions, such as copyright infringement and trade secret misappropriation.