HOSIDEN CORP. v. ADVANCED DISPLAY MFRS. OF AMERICA

Nos. 94-1490, 95-1027.

85 F.3d 589 (1996)

HOSIDEN CORPORATION, Hitachi, Ltd., Matsushita Electric Industrial Corporation, Apple Computer, Inc., International Business Machines Corporation, COMPAQ Computer Corporation, Tandy Corporation, Plaintiffs, and Sharp Corporation, Plaintiff-Appellee, v. ADVANCED DISPLAY MANUFACTURERS OF AMERICA, Defendant-Appellant, and Planar Systems, Inc., Plasmaco, Inc., OIS Optical Imaging Systems, Inc., Cherry Display Products Corporation, Electro-Plasma, Inc., Photonics Technology, Inc., and Magnascreen Corporation, Defendants, and Texas Instruments, Incorporated, Defendant, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 31, 1996.


Attorney(s) appearing for the Case

Paul C. Rosenthal, Collier, Shannon, Rill & Scott, Washington, DC, argued for Advanced Display Manufacturers of America, defendant-appellant. With him on the brief was Robin H. Gilbert.

Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Washington, DC, argued for United States, defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Barbara C. Potter, Attorney-Advisor, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, Washington, DC, of counsel were Berniece A. Brown, and Stephen J. Powell, Office of Chief Counsel, for Import Administration.

Christopher P. Johnson, Donovan, Leisure, Newton & Irvine, New York City, argued for plaintiff-appellee. With him on the brief were Peter J. Gartland, David S. Versfelt, and Fusae Nara.

Before RICH, Circuit Judge, SKELTON, Senior Circuit Judge, and NEWMAN, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

The Advanced Display Manufacturers of America (ADMA) and the United States appeal the Order of the Court of International Trade1 granting a writ of mandamus to implement the court's decision in Hosiden Corp. v. United States, 852 F.Supp. 1050 (Ct. Int'l Trade 1994). In that decision the court had ordered Commerce, through the International Trade Administration...

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