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LABOUNTY MFG., INC. v. U.S. INTERN. TRADE COM'N

No. 90-1282.

958 F.2d 1066 (1992)

LABOUNTY MANUFACTURING, INC., Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, Dudley Shearing Machine Manufacturing Co., Ltd., Intervenor-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 5, 1992.

Attorney(s) appearing for the Case

R.V. Lupo, William Brinks Olds Hofer Gilson & Lione, Washington, D.C., argued, for appellant. With him on the brief were Donna M. Tanquay and Mark G. Davis. Also on the brief were H. Dale Palmatier and Gerald E. Helget, Palmatier & Sjoquist, Minneapolis, Minn.

Jean H. Jackson, Office of the General Counsel, U.S. Intern. Trade Com'n, Washington, D.C., argued, for appellee. On the brief for the appellee were Lyn M. Schlitt, General Counsel, James A. Toupin, Asst. General Counsel and John M. England, Jr., Office of General Counsel, U.S. Intern. Trade Com'n, Washington, D.C. W. Thad Adams, III, of W. Thad Adams, III, P.A., Charlotte, N.C., argued, for intervenor-appellee.

Before NIES, Chief Judge, LOURIE and RADER, Circuit Judges.

NIES, Chief Judge.

LaBounty Manufacturing, Inc., appeals from the final determination of the United States International Trade Commission (ITC) in Investigation No. 337-TA-252, Certain Heavy Duty Mobile Scrap Shears, that U.S. Patent No. 4,519,135 ('135) was unenforceable due to inequitable conduct and thus, no violation of 19 U.S.C. § 1337 (1988) was established by Dudley Shearing Machine Manufacturing Co., Ltd. We affirm.

I.

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