GENENTECH, INC. v. U.S. INTERN. TRADE COM'N

No. 95-1244.

122 F.3d 1409 (1997)

GENENTECH, INC., Appellant, v. The UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and Bio-Technology General Corporation and Bio-Technology General (Israel) Ltd., Intervenors, and Novo Nordisk A/S, Novo Nordisk of North America, Inc., Novo Nordisk Pharmaceuticals, Inc., and Zymogenetics, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

August 14, 1997.


Attorney(s) appearing for the Case

D. Dennis Allegretti, Banner & Allegretti, Ltd., Boston, MA, argued, for appellant. With him on the brief was Frederick David Foster, Ablondi, Foster, Sobin & Davidow, P.C., Washington, DC. Of counsel were John P. Iwanicki and Dale A. Malone, Banner & Allegretti, Ltd., Boston, MA.

Jean H. Jackson, Office of General Counsel, U.S. International Trade Commission, Washington, DC, argued, for appellee. With her on the brief were Lyn M. Schlitt, General Counsel, and James A. Toupin, Deputy General Counsel.

Cecilia H. Gonzalez, Howrey & Simon, Washington, DC, argued, for intervenors Bio-Technology General Corporation, et al. With her on the brief were John P. White and Norman H. Zivin, Cooper & Dunham LLP, New York City.

Albert L. Jacobs, Jr., Rosenman & Colin, New York City, argued, for intervenors Novo Nordisk, A/S, et al. On the brief was Mark H. Sparrow. Of counsel were Gerard F. Diebner, Kelly L. Morron, and Jesse D. Reingold. Also of counsel were Philippe M. Bruno, Munford Page Hall, II, L. Daniel Mullaney, Aldo Noto, Jon F. Tuttle, and Karen A. Zughaib, Dorsey & Whitney, Washington, DC.

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


ARCHER, Chief Judge.

Genentech, Inc. (Genentech) appeals the final determination of the United States International Trade Commission (ITC or Commission), Genentech, Inc. v. United States Int'l Trade Comm'n, No. 337-TA-358 (Nov. 29, 1994) (Initial Determination), (Jan. 17, 1995) (Final Determination and Commission Opinion), dismissing Genentech's amended complaint alleging a violation of § 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 (1994). The...

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