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MASSACHUSETTS INSTITUTE OF TECHNOLOGY v. AB FORTIA

Appeal No. 84-1766.

774 F.2d 1104 (1985)

MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Petitioner, v. AB FORTIA, Pharmacia AB, Pharmacia Fine Chemicals AB, Pharmacia, Inc. and U.S. International Trade Commission, Respondents.

United States Court of Appeals, Federal Circuit.

October 7, 1985.

Attorney(s) appearing for the Case

David E. Brook, Hamilton, Brook, Smith & Reynolds, of Lexington, Md., and Harvey Kaye, Lalos, Leeds, Keegan, Lett, Marsh, Bentzen & Kaye, Washington, D.C., argued for petitioner. With them on brief were James M. Smith and Leo R. Reynolds, of Hamilton, Brook, Smith & Reynolds, Lexington, Md., and David S. Klontz, of Lalos, Leeds, Keegan, Lett, Marsh, Bentzen & Kaye, Washington, D.C.

Maurice B. Stiefel, Stiefel, Gross, Kurland & Pavane, P.C., New York City, argued for respondent AB. With him on brief were Marc S. Gross, Thomas C. Pontani and James A. Quinton, New York City.

Wayne W. Herrington, Office of Gen. Counsel, U.S. Intern. Trade Com'n, Washington, D.C., argued for respondent Intern. Trade Com'n. With him on brief were Lyn M. Schlitt, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel, Washington, D.C.

Before MARKEY, Chief Judge, and FRIEDMAN, and RICH, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the final decision of the United States International Trade Commission (Commission or ITC) in Certain Limited-Charge Cell Culture Microcarriers, Investigation No. 337-TA-129, an investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (section 337), determining that there was no violation of section 337 by the importation of certain biological cell culture products by respondents AB...

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