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TEXAS INSTRUMENTS, INC. v. U.S. INTERN. TRADE COM'N

Appeal No. 85-2776.

805 F.2d 1558 (1986)

TEXAS INSTRUMENTS, INC., Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

November 19, 1986.

Attorney(s) appearing for the Case

James F. Davis, Howrey and Simon, Washington, D.C., argued for appellant. With him on the brief was Kenneth E. Krosin. Also on the brief were Melvin Sharp, Richard L. Donaldson and David V. Carlson, Texas Instruments, Inc., of Dallas, Tex.

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

Before DAVIS, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

In this action brought under section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337, Texas Instruments, Inc. ("TI") appeals the final decision of the United States International Trade Commission. The Commission held that there was no statutory violation in that TI's U.S. Patent No. 3,819,921 (" '921 patent") was not infringed by certain imported calculators, and that there was no industry in the United States practicing...

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