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ARTICLE · 17 APRIL 2014

ITC Reasserts Jurisdiction Over Electronic Transmissions In Digital Models

Morrison Foerster
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The International Trade Commission released an opinion in "Digital Models", which has reaffirmed the Commission’s jurisdiction over electronic transmissions.

United StatesIntellectual Property
G. Brian Busey
G. Brian Busey
Kirk A. Sigmon
Kirk A. Sigmon
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On April 3, 2014, the International Trade Commission (the ITC or the "Commission") released an opinion in In the Matter of 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, Inv. No. 337-TA-833 ("Digital Models"), which has reaffirmed the Commission's jurisdiction over electronic transmissions. While Digital Models does not radically depart from Commission precedent, it has nonetheless prevented the ITC and Section 337 from lacking jurisdiction over digitally transmitted products.

BACKGROUND

Digital Models is the latest in a long series of battles over dental repositioning appliances. Complainant Align Technology, Inc. ("Align") makes Invisalign®, a popular series of clear plastic dental repositioning appliances. In 2005, the founder and former CEO of Align left Align and founded a competitor, OrthoClear, Inc., which

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