USITC Issuance of a Remedial Order Directed to Electronic Transmissions
On Tuesday May 19, 1015 from 2:00 to 3:00 PM ET, The Federal Circuit Bar Association presented a Horizons Series Webcast Event entitled “USITC Issuance of a Remedial Order Directed to Electronic Transmissions” featuring a panel discussion of the USITC’s decision in Certain Digital Models, Investigation No. 337-TA-833. The panelists discussed the Commission’s reasoning for determining that electronic transmissions were “articles” within the meaning of Section 337, and also discussed the implications of the Commission’s issuance of a cease and desist order in the investigation. The panel was moderated by Clint Brannon of Mayer Brown LLP, and included Charles Duan of the Patent Reform Project at Public Knowledge, Michael Myers of McClanahan Myers Espey LLP, Igor Timofeyev of Paul Hastings LLP, and Jonathan Engler of Adduci, Mastriani, and Schaumberg LLP. Mr. Duan provided commentary and insight regarding how the Certain Digital Models decision may impact the technology and internet industries by potentially expanding the USITC’s jurisdiction, and how the decision could also encourage more non-practicing entities to seek relief in the USITC. Mr. Myers discussed the parameters of the cease and desist order issued in the Certain Digital Models investigation, and also discussed the pros and cons of such an order vis-à-vis the exclusion order remedy. Mr. Timofeyev provided commentary and analysis regarding the Commission’s reasoning for determining that electronic transmissions meet the statutes’ definition of articles, and discussed the implications of the decision on enforcement actions for other types of intellectual property in the USITC. Mr. Engler discussed the historical foundations of the USITC’s jurisdiction and how the ITC’s historical role may have impacted the Commission’s reasongin, as well as the ways in which the Certain Digital Models decision may impact emerging industries such as the 3D printing industry. Finally, each of the panelists provided a variety of insightful comments related to the impact of electronic transmissions in today’s economy and the role of the USITC and the Courts in protecting rights in such transmissions.