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Florida Law Review



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"You make the very salient statement that we shouldn't lose sight of the fact that this is a case about teeth. Well, Markman was a case about dry cleaning. But nobody thinks of Markman as standing for anything about dry cleaning."

So went what was Chief Judge Prost's perhaps most striking question to the attorney for the International Trade Commission at oral argument in ClearCorrect Operating, LLC v. International Trade Commission, which is the focus of Professor Sapna Kumar's recent article Regulating Digital Trade. Yet this is what remains so fascinating about ClearCorrect: an administrative agency decision about idiosyncratic facts and perhaps the driest issue of statutory construction that one could imagine could have captivated both the legal community and the public press to have spawned, beyond Professor Kumar's article, pages upon pages of legal briefing, high-visibility news reports, and even a comparison by the chief judge of the U.S. Court of Appeals for the Federal Circuit to one of the most important decisions of patent law.



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