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

Appeal No. 87-1627.

851 F.2d 342 (1988)

TEXAS INSTRUMENTS INCORPORATED, Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and Samsung Company, Limited and Samsung Semiconductor & Telecommunications Co., Limited, Intervenors.

United States Court of Appeals, Federal Circuit.

July 6, 1988.

Attorney(s) appearing for the Case

Hal D. Cooper, Jones, Day, Reavis and Pogue, Cleveland, Ohio, argued for appellant. With him on the brief were Robert C. Kahrl, James L. Wamsley, III and Leonard L. Lewis.

Michael Buchenhorner and Thomas O'Connell, Office of the General Counsel, U.S. Intern. Trade Com'n, Washington, D.C., argued for appellee. With them on the brief were Lyn M. Schlitt, Gen. Counsel and James A. Toupin, Asst. Gen. Counsel.

William K. West, Jr., Cushman, Darby & Cushman, Washington, D.C., argued for intervenor Samsung. With him on the brief were Michael L. Keller, Charles R. Donohoe, Peter W. Gowdey, Laurence Harbin, John E. Gartman and Lynn E. Eccleston.

Before FRIEDMAN, BISSELL, and MAYER, Circuit Judges.

ORDER

BISSELL, Circuit Judge.

The United States International Trade Commission (ITC) moved for dismissal on the grounds of mootness, that portion of the appeal of Texas Instruments Incorporated (TI) asserting the ITC erred in holding United States Letters Patent No. 3,541,543 ('543) unenforceable due to inequitable conduct before the United States Patent and Trademark Office (PTO). By an unpublished order, this court deferred the motion to the merits panel...

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