The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337

On April 3, 2014, the U.S. International Trade Commission has issued a notice in 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 Same, Inv. No. 337-TA-833, determining that electronic files are "articles" within the meaning of Section 337(a)(1)(B) and that transmission of such files constitutes "importation" under Section 337(a)(1)(B). As the movement of digital data over various mediums across the U.S. border continues to grow in today's global economy and as electronic downloading has become a critical channel for the purchase and delivery of software and entertainment goods, this decision may lead to more infringement claims involving electronic transmissions.