KYOCERA WIRELESS CORP. v. INTERNATIONAL TRADE COMM.

Nos. 2007-1493 to 2007-1499, 2007-1514, 2007-1573, 2008-1004, 2008-1009, 2008-1010, 2008-1012, 2008-1013, 2008-1015, 2008-1018, 2008-1019.

545 F.3d 1340 (2008)

KYOCERA WIRELESS CORPORATION, Appellant, and Qualcomm Incorporated, Appellant, and Motorola, Inc., Appellant, and Samsung Electronics Corporation, Ltd., Appellant, and LG Electronics Mobilecomm U.S.A., Inc., Appellant, and Sanyo Fisher Co., Appellant, and T-Mobile USA, Inc., Appellant, and AT & T Mobility, LLC (formerly known as Cingular Wireless, LLC), Appellant, and Sprint Nextel Corporation, Appellant, and Palm, Inc., Appellant, and Pantech Wireless, Inc., Pantech Co., Ltd., and Pantech & Curitel Communications, Inc., Appellants, and UT Starcom, Inc., Appellant, and High Tech Computer Corporation, Appellant, and Shenzhen Huawei Communication Technologies Co., Ltd., Appellant, and Research In Motion Limited and Research In Motion Corporation, Appellants, and Foxconn International Holdings Ltd., Appellant, and Casio Hitachi Mobile Communications Company, Ltd., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Broadcom Corporation, Intervenor.

United States Court of Appeals, Federal Circuit.

October 14, 2008.


Attorney(s) appearing for the Case

Kenneth W. Starr, Kirkland & Ellis LLP, of Los Angeles, CA, argued for appellants, Motorola, Inc., Samsung Electronics Corporation, Ltd., Kyocera Wireless Corporation, LG Electronics Mobilecomm U.S.A., Inc., and Sprint Nextel Corporation.

Gregory A. Castanias, Jones Day, of Washington, DC, argued for appellants Foxconn International Holdings Ltd., Casio Hitachi Mobile Communications Company, Ltd., Palm Inc., Sanyo Fisher Co., Pantech & Curitel Communications, et al., High Tech Computer Corporation, Shenzhen Huawei Communication Technologies Co. Ltd., and UT Starcom, Inc.

Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for appellant Qualcomm Incorporated. With him on the brief were Stephen B. Kinnaird, Robert A. Parker, William K. West, Jr., Cecilia H. Gonzalez, and Juliana M. Cofrancesco, Howrey LLP, of Washington, DC; Karin J. Kramer, Howrey LLP, of San Francisco, CA; Timothy S. Teter and Lorie R.E. Ploeger, Cooley Godward Kronish LLP, of Palo Alto, CA; and Stanley J. Panikowski, DLA Piper U.S. LLP, of San Diego, CA. Of counsel was William D.A. Zerhouni, Covington & Burling LLP, of Washington, DC.

Claudia W. Frost, Pillsbury Winthrop Shaw Pittman LLP, of Houston, TX, argued for appellant T-Mobile USA, Inc., AT & T Mobility LLC, Research in Motion Limited, et al.

Andrea C. Casson, Assistant General Counsel for Litigation, 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, Michael Liberman, Paul M. Bartowski, and James A. Worth, Attorneys.

Robert A. Van Nest, Keker & Van Nest, LLP, of San Francisco, California, argued for intervenor. With him on the brief were Ragesh K. Tangri, Steven Hirsh, Daniel E. Purcell, and Steven K. Taylor. Of counsel were James M. Dowd, Gregory H. Lantier, and William G. McElwain, Wilmer Cutler Pickering Hale & Dorr, LLP, of Washington, DC; and Scott P. McBride, and Alejandro Menchaca, McAndrews, Held & Malloy, Ltd., of Chicago, IL.

Don F. Livornese, Howrey LLP, of Los Angeles, CA, for appellant Kyocera Wireless Corp. With him on the brief were Roman E. Darmer and Richard J. Burdge, Jr. Of counsel were Tom Crunk and Bradley J. Sparks.

Russell E. Levine, Kirkland & Ellis LLP, of Chicago, IL, for appellant Motorola, Inc. With him on the brief were Christopher R. Liro and Nyika O. Strickland.

Russell E. Levine, Kirkland & Ellis LLP, of Chicago, IL, for appellant Samsung Electronics Corporation, Ltd. With him on the brief were Gregory S. Arovas and Todd M. Friedman.

Mark S. Zolno, Katten Muchin Rosenman LLP, of Chicago, IL, for appellant Sanyo Fisher Co. With him on the brief were Michael A. Dorfman and Eric R. Rock, and James A. Gromada, of Washington, DC. Of counsel was Kazumune V. Kano.

Michael J. McKeon, Fish & Richardson, P.C., of Washington, DC, for appellant LG Electronics MobileComm U.S.A., Inc. With him on the brief was Scott A. Elengold.

Josh A. Krevitt, Gibson, Dunn & Crutcher LLP, of New York, NY, for appellant T-Mobile USA, Inc. With him on the brief was Kevin W. Cherry. Of counsel were Mark A. Perry, Mathew D. McGill, and Minodora D. Vancea, of Washington, DC. Of counsel was Richard M. Kohel.

Kathryn L. Clune, Crowell & Moring LLP, of Washington, DC, for appellant Sprint Nextel Corporation. With her on the brief were Richard McMillan, Jr. and Lisa A. Murray.

V. James Adduci, II, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC, for appellant Palm, Inc. With him on the brief were Munford P. Hall, II, Patricia Larios, and Jamie D. Underwood.

Adam R. Hess, Pillsbury Winthrop Shaw Pittman LLP, of Washington, DC, for appellant Casio Hitachi Mobile Communications Company Ltd.

Hae-Chan Park, H.C. Park & Associates, PLC, of Vienna, VA, for appellants Pantech & Curitel Communications, Inc., et al. With him on the brief was Wayne M. Helge.

Theodore T. Herhold, Townsend & Townsend & Crew LLP, of Palo Alto, CA, for appellant Shenzhen Huawei Communication Technologies Co., Ltd.

Robert F. Aldrich, Dickstein Shapiro LLP, of Washington, DC, for appellant UT Starcom, Inc. On the brief was Charles W. Saber.

Steven E. Adkins, Jones Day, of Washington, DC, for appellant Foxconn International Holdings Ltd. With him on the brief was Kenneth R. Adamo, of Cleveland, OH.

William S. Feiler, Morgan & Finnegan, LLP, of New York, NY, for appellants Research In Motion Corporation, et al. On the brief were Peter N. Fill and Eric G. Wright, of Washington, DC. Of counsel was Robert K. Goethals, of New York, NY.

Christopher F. Corr, White & Case LLP, of Washington, DC, for appellant High Tech Computer Corporation. With him on the brief were Todd P. Taylor, Alexander W. Dennis. Of counsel on the brief was Warren S. Heit. Of counsel was Monisha Deka, of Washington, DC, and Farhenna Y. Rasheed, White & Case, LLP, of Palo Alto, CA.

Before RADER, BRYSON, and LINN, Circuit Judges.


RADER, Circuit Judge.

The United States International Trade Commission ("ITC" or "Commission") determined that Qualcomm Incorporated ("Qualcomm") infringed Broadcom Corporation's ("Broadcom's") United States Patent 6,714,983 ("'983 Patent") with its imports. As a remedy, the ITC issued a limited exclusion order ("LEO") against the importation of all downstream products containing the accused technology. Aside from Qualcomm, the appellants in this action are Qualcomm...

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