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US tries, and fails, to block “import” of digital data that violates patents

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A federal appeals court today struck down an International Trade Commission (ITC) ruling in a patent case that attempted to block electronic transmissions of digital data from overseas. The ITC’s authority to prevent importation of “articles” applies only to material things, not digital transmissions, the US Court of Appeals for the Federal Circuit ruled. (Consumer advocacy group Public Knowledge posted the ruling’s text.) “The Commission’s decision to expand the scope of its jurisdiction to include electronic transmissions of digital data runs counter to the ‘unambiguously expressed intent of Congress,’” Chief Circuit Judge Sharon Prost wrote for the court in a 2-1 decision. Read 13 remaining paragraphs | Comments

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