James Altman , Foster, Murphy, Altman & Nickel, PC, Washington, DC, for amicus curiae American Intellectual Property Law Association. Also represented by F. David Foster.
J. Michael Jakes , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington DC, for amicus curiae Intellectual Property Owners Association. Also represented by Herbert Clare Wamsley, Jr. , Intellectual Property Owners Association, Washington, DC; Philip Staton Johnson , Johnson & Johnson, New Brunswick, NJ; Kevin H. Rhodes , 3M Innovative Properties Company, St. Paul, MN.
John Thorne , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for amici curiae Dell Inc., Adobe Systems, Inc., Ford Motor Co., Hewlett-Packard Co., LG Display Co., Ltd., LG Electronics, Inc., Netflix, Inc., Samsung Electronics Co., Ltd., SAP America, Inc. Also represented by Aaron M. Panner , Melanie L. Bostwick.
Eric Jay Fues , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for amicus curiae International Trade Commission Trial Lawyers Association. Also represented by T. CY walker , Kenyon & Kenyon LLP, Washington, DC.
John D. Haynes , Alston & Bird LLP, Atlanta, GA, for amici curiae Nokia Corporation, Nokia USA, Inc. Also represented by Adam David Swain , Washington, DC.
Dissenting opinion filed by Circuit Judge O'MALLEY, with whom PROST, Chief Judge, LOURIE and DYK, Circuit Judges, join.
REYNA, Circuit Judge.
Section 337 of the Tariff Act of 1930, codified at 19 U.S.C. § 1337 ("Section 337"), declares certain acts unlawful. Among them is importing "articles that... infringe a valid and enforceable United States patent." 19 U.S.C. § 1337(a)(1)(B)(i). The International Trade Commission ("Commission") interpreted this provision...
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