FINNIGAN CORP. v. INTERNATIONAL TRADE COM'N

No. 98-1411.

180 F.3d 1354 (1999)

FINNIGAN CORPORATION, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Bruker-Franzen Analytik GmbH and Bruker Analytical Systems, Inc., Intervenors, and Hewlett-Packard Company, Intervenor.

United States Court of Appeals, Federal Circuit.

June 9, 1999.


Attorney(s) appearing for the Case

William J. Speranza, St. Onge Steward Johnston & Reens, LLC, Stamford, Connecticut, argued, for appellant. With him on the brief was James R. Cartiglia. Of counsel on the brief were Frank P. Porcelli, Gilbert H. Hennessey, III, and John J. Gagel, Boston, Massachusetts; and Ralph A. Mittelberger, Fish & Richardson, P.C., Washington, DC.

John A. Wasleff, Attorney, Office of the General Counsel, U.S. International Trade Commission, Washington, DC, argued, for appellee. On the brief were Lyn M. Schlitt, General Counsel, James A. Toupin, Deputy General Counsel, and Carl P. Bretscher, Attorney.

Brian D. Coggio, Pennie & Edmonds LLP, New York, New York, argued, for intervenors, Bruker-Franzen Analytik, GmbH, et al. With him on the brief were Bruce J. Barker, Wendy A. Haller, New York, New York, and Lorri W. Jones, Pennie & Edmonds, Washington, DC.

John Allcock, Gray Cary Ware & Freidenrich, LLP, San Diego, California, argued, for intervenor, Hewlett-Packard Company. With him on the brief was Jonathan D. Mack.

Before RICH, MICHEL, and LOURIE, Circuit Judges.


LOURIE, Circuit Judge.

Finnigan Corporation appeals from the final determination of the United States International Trade Commission that claims 1-4, 8, 12, 14, and 17 of U.S. Patent 4,540,884 were not literally infringed and that claims 1-4 and 8 were anticipated under 35 U.S.C. § 102(b). See In re Certain Ion Trap Mass Spectrometers and Components Thereof, USITC Inv. No. 337-TA-393 (Dep't Commerce Feb. 25, 1998) ("Initial Determination"); Certain Ion...

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