Clearcorrect Operating, LLC v. International Trade Commission

NEWMAN, Circuit Judge,

dissenting from denial of rehearing en banc.,

Section 337 of the Tariff Act, 19 U.S.C. § 1337, authorizes the International Trade Commission to exclude imports that infringe a United States patent, copyright, trademark, mask work, or design.. The Commission requests rehearing en banc of the court’s ruling that infringing digital goods that are imported electronically are not subject to exclusion under Section 337 of the Tariff Act. Flaws in this ruling were pointed out at ClearCorrect, Inc. v. Int’l Trade Comm’n, 810 F.3d 1283, 1304 (Fed.Cir.2015) (Newman, J.,…