OSRAM GMBH v. INTERNATIONAL TRADE COM'N

No. 2006-1282.

505 F.3d 1351 (2007)

OSRAM GMBH, and Osram Opto Semiconductors GmbH, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

October 31, 2007.


Attorney(s) appearing for the Case

Alan D. Smith, Fish & Richardson P.C., of Boston, MA, argued for appellant. With him on the brief were Charles H. Sanders and Christopher D. Agnew.

Michelle Walters, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With her on the brief were James M. Lyons, General Counsel, and Wayne W. Herrington, Acting Assistant General Counsel.

Before NEWMAN, RADER, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit Judge DYK.

NEWMAN, Circuit Judge.

OSRAM GmbH and OSRAM Opto Semiconductors GmbH (collectively OSRAM) appeal certain portions of the Final Determination of the United States International Trade Commission (ITC or Commission) in an investigation conducted under Section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337.1 The patents...

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