CHECKPOINT SYSTEMS v. U.S. INTERN. TRADE COM'N

No. 94-1295.

54 F.3d 756 (1995)

CHECKPOINT SYSTEMS, INC., Appellant, v. The UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and ADT Limited, Actron AG, and Tokai Denshi Co., Ltd., Intervenors, and All-Tag Security AG and Toyo Aluminum K.K., Intervenors.

United States Court of Appeals, Federal Circuit.

May 17, 1995.


Attorney(s) appearing for the Case

Paul J. Hayes, Weingarten, Schurgin, Gagnebin & Hayes, Boston, MA, argued for appellant. With him on the brief was Dean G. Bostock.

Andrea C. Casson, Atty., Office of the Gen. Counsel, U.S. Intern. Trade Commission, of Washington, DC, argued for appellee. With her on the brief were Jean H. Jackson, Lyn M. Schlitt, Gen. Counsel, and Stephen A. McLaughlin, Acting Asst. Gen. Counsel. Of counsel was James A. Toupin.

Laurence R. Brown, Laurence Brown & Associates, P.C., of Arlington, VA, argued for intervenors, All-Tag Security AG and Toyo Aluminum, K.K. With him on the brief were Theodore A. Breiner, Breiner & Breiner, Alexandria, VA and Donald W. Marks, Arlington, VA.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, DC, argued for intervenors ADT Ltd. Actron AG, and Tokai Denshi Co., Ltd. Robert J. Gaybrick, Albert J. Santorelli, Roger D. Taylor, Kenneth J. Nunnenkamp, Michael K. Kirschner and R. Bruce Bower, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, DC, were on the brief for intervenors ADT Ltd. Actron AG, and Tokai Denshi Co., Ltd. Of counsel was Herbert H. Mintz.

Before ARCHER, Chief Judge, LOURIE and CLEVENGER, Circuit Judges.


LOURIE, Circuit Judge.

Checkpoint Systems, Inc. appeals from the March 10, 1994 Final Determination by the United States International Trade Commission (ITC) in Investigation No. 337-TA-347. In its decision, the ITC concluded that there was no violation of subsection (a) of section 337 of the Tariff Act of 1930, as amended, see 19 U.S.C. § 1337(a)(1)(B)(i), by the importation into the United States, the sale for importation, or the sale within the United...

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