On June 2, 2014, the Commission stayed its cease and desist order entered in Certain Digital Models, Digital Data, and Treatment Plans for Use In Making Incremental Dental Positioning Adjustment Appliances, Inv. No. 337-TA-833, pending review by the U.S. Court of Appeals for the Federal Circuit.  As described in our April 16, 2014 ITC Section 337 Update, the Commission issued its cease and desist order following a final decision finding a violation of Section 337 with respect to one of the asserted patents because the infringing digital data sets had entered the United States by electronic transmission.  In a lengthy decision starting on page 21, the Commission held that “the statutory phrase ‘importation . . . of articles’ should be construed to include electronic transmission of digital data because the data sets at issue in this investigation are true articles of international commerce that are imported into the United States and their inclusion within the purview of section 337 would effectuate the central purpose of the statute.”  The complainant appealed the Commission’s decision, and the stay pending appeal likely will last into 2015.