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PERSONALIZED MEDIA COMMUNICATIONS v. INTERNATIONAL TRADE COM'N

No. 98-1160.

161 F.3d 696 (1998)

PERSONALIZED MEDIA COMMUNICATIONS, LLC, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and DirecTV, Inc., United States Satellite Broadcasting Co., Hughes Network Systems, and Hitachi Home Electronics (America), Inc., Intervenors, and Thomson Consumer Electronics, Inc., Toshiba America Consumer Products, Inc., and Matsushita Electric Corporation of America, Intervenors.

United States Court of Appeals, Federal Circuit.

November 24, 1998.

Attorney(s) appearing for the Case

Robert P. Taylor, Howrey & Simon, Menlo Park, California, argued for appellant. With him on the brief were Robert F. Ruyak and Cecilia H. Gonzales, Washington, DC. Of counsel on the brief was Thomas J. Scott, Jr., Hunton & Williams, Washington, DC.

Carl Bretscher, Attorney, Office of General Counsel, U.S. International Trade Commission, Washington, DC, argued for appellee. With him on the brief were Lyn M. Schlitt, General Counsel and James A. Toupin, Deputy General Counsel.

Louis Touton, Jones, Day, Reavis & Pogue, Los Angeles, California, argued for intervenors, DIRECTV, Inc., et al. With him on the brief were Victor G. Savikas and Kevin G. McBride. Of counsel was Gregory A. Castanias, Jones, Day, Revis & Pogue, Washington, DC.

Before RICH, MICHEL and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Personalized Media Communications, LLC ("PMC") appeals from the final determination of the United States International Trade Commission ("the Commission") that claims 6, 7, and 44 of PMC's patent are not infringed and are invalid for indefiniteness. See In re Certain Digital Satellite Sys. (DSS) Receivers & Components Thereof, No. 337-TA-392 (Int'l Trade Comm. Oct. 20, 1997) (Initial Determination), aff'd in part, (Int'l Trade...

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