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GENERAL ELEC. CO. v. INTERNATIONAL TRADE COM'N

No. 2010-1223.

670 F.3d 1206 (2012)

GENERAL ELECTRIC COMPANY, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Mitsubishi Heavy Industries, Ltd., and Mitsubishi Power Systems Americas, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

February 29, 2012.

Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for appellant. With him on the brief were Richard W. O'Neill , Louis W. Tompros and Sarah B. Petty .

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

Donald R. Dunner , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for intervenors. With him on the brief were Thomas H. Jenkins , Thomas W. Winland , Jeffrey C. Totten And Tyler M. Akagi ; and Roger D. Taylor , of Atlanta, GA.

Before RADER, Chief Judge, NEWMAN, and LINN, Circuit Judges.

NEWMAN, Circuit Judge.

The General Electric Company appeals the decision of the United States International Trade Commission, holding that certain variable speed wind turbines imported by Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (together "Mitsubishi") do not violate section 337 of the Tariff Act, 19 U.S.C. § 1337.1 The patents at issue were General Electric's United States Patents No. 7,321,221...

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