THOMSON LICENSING SAS v. INTERNATIONAL TRADE COMMISSION

No. 2012-1536.

THOMSON LICENSING SAS, AND THOMSON LICENSING, LLC, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, AND QISDA CORPORATION, QISDA AMERICA CORPORATION, QISDA (SUZHOU) CO., LTD., BENQ CORPORATION, BENQ AMERICA CORPORATION, AND BENQ LATIN AMERICA CORPORATION, Intervenors, AND AU OPTRONICS CORPORATION, AND AU OPTRONICS CORPORATION AMERICA, Intervenors, AND CHIMEI INNOLUX CORPORATION, INNOLUX CORPORATION, AND CHI MEI OPTOELECTRONICS USA INC., Intervenors.

United States Court of Appeals, Federal Circuit.

Decided: June 19, 2013.


Attorney(s) appearing for the Case

STEVEN C. CHERNY, Kirkland & Ellis, LLP, of New York, New York, argued for appellant. With him on the brief were TODD M. FRIEDMAN, and JAMES E. MARINA; ERIC R. LAMISON, of San Francisco, California; DENNIS J. ABDELNOUR, of Chicago, Illinois; JOHN C. O'QUINN, and WILLIAM H. BURGESS, of Washington, DC. Of counsel was DANIEL S. TRAINOR, of Washington, DC.

JIA CHEN, Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With her on the brief were DOMINIC L. BIANCHI, Acting General Counsel, and WAYNE W. HERRINGTON, Assistant General Counsel.

LAWRENCE J. GOTTS, Latham & Watkins, LLP, of Washington, DC, argued for intervenors, AU Optronics Corporation, et al. On the brief were RON SHULMAN, of Menlo Park, California; JULIE HOLLOWAY, of San Francisco, California; and ELIZABETH M. ROESEL and KATHERINE I. TWOMEY, of Washington, DC. Of counsel were CLEMENT J. NAPLES, of Latham & Watkins, LLP, of New York, New York and LISA K. NGUYEN, Menlo Park, California.

WARREN S. HEIT, White & Case LLP, of Palo Alto, California, argued for intervenors, Chimei Innolux Corporation, et al. With him on the brief were JEANNINE YOO SANO; JACK Q. LEVER and FRANK H. MORGAN, of Washington, DC.

SUSAN M. COOK, Hogan Lovells US LLP, of Washington, DC, for intervenors, Qisda Corporation, et al. With her on the brief were STEVEN P. HOLLMAN, and REBECCA C. MANDEL.

Before NEWMAN, LOURIE, and WALLACH, Circuit Judges.


This disposition is nonprecedential.

LOURIE, Circuit Judge.

Thomson Licensing SAS and Thomson Licensing, LLC ("Thomson") appeal from the final determination by the United States International Trade Commission ("Commission") that the importation and sale of certain liquid crystal display ("LCD") products do not violate § 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337. The Commission determined that the asserted claims of U.S. Patent...

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