In ClearCorrect Operating, LLC v. Int’l Trade Comm’n, __ F.3d __, __ (Fed. Cir. Nov. 10, 2015)(Prost, J.), reh’g en banc denied, __ F.3d __ (Fed. Cir. March 31, 2016), the court reversed an ITC determination that “[t]he Tariff Act of 1930 provides the International Trade Commission [ ] with authority to remedy only those unfair acts that involve the importation of ‘articles’ as described in 19 U.S.C. § 1337(a)[, interpreting] ‘articles’ [as] “includ[ing] electronic transmission of digital data. . .”
On the Road to the Supreme Court: The deadline for filing a petition to the Supreme Court for grant of certiorari is June 29, 2016. A decision whether to grantcertiorari would be expected to be made September 26, 2016, as part of the Opening Conference for the October 2016 Term running through June 2017.
The Great Patent Dissenter, Déjà vu: Both in the panel decision and in the denial of rehearing en banc, The Great Patent Dissenter, Circuit Judge Pauline Newman, issued remarkable dissenting opinions. For example, her dissent from denial of rehearing en banc speaks for itself: “The court’s decision is inconsistent with decisions of the Supreme Court, the Federal Circuit, the Court of Customs and Patent Appeals, the Court of International Trade, the Tariff Commission, the Department of Labor, the Bureau of Customs and Border Protection, the Arms Control Export Act, and the Bipartisan Congressional Trade Priorities and Accountability Act.”
New World Record for Patent Dissents: Each dissent by The Great Patent Dissenter builds upon her world record for the number of appellate patent dissenting opinions.