JAZZ PHOTO CORP. v. INTERNATIONAL TRADE COM'N

Nos. 99-1431, 99-1504, 99-1595, 99-1596, 99-1601.

264 F.3d 1094 (2001)

JAZZ PHOTO CORPORATION, Appellant, and Dynatec International, Inc., Appellant, and Opticolor, Inc., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Fuji Photo Film Co., Ltd., Intervenor.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied November 9, 2001.


Attorney(s) appearing for the Case

Jeffrey I. Kaplan, Kaplan & Gilman, L.L.P., of Woodbridge, NJ, argued for appellant Jazz Photo Corporation.

L. David Griffin, Workman, Nydegger & Seeley, of Salt Lake City, UT, argued for appellant Dynatec International, Inc. With him on the brief were Larry R. Laycock, and David R. Wright.

Richard L. Goff, Heller Ehrman White & McAuliffe, of Seattle, WA, for appellant Opticolor, Inc.

Jean H. Jackson, Attorney, Office of General Counsel, U.S. International Trade Commission, of Washington, DC, argued for appellee United States International Trade Commission. With her on the brief were Lyn M. Schlitt, General Counsel; and James A. Toupin, Deputy General Counsel. Of counsel were Andrea C. Casson, Attorney; and Shara L. Aranoff, Attorney.

Lawrence Rosenthal, Stroock & Stroock & Lavan LLP, of New York, NY, argued for intervenor Fuji Photo Film Co., Ltd. With him on the brief were Mattthew W. Siegel, James J. DeCarlo, and Lisa A. Jakob. Of counsel on the brief were Will E. Leonard, Jr., and F. David Foster, Ablondi, Foster, Sobin & Davidow, P.C., of Washington, DC.

Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 9, 2001.*

PAULINE NEWMAN, Circuit Judge.

In an action brought under section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337, Fuji Photo Film Co. charged twenty-seven respondents, including the appellants Jazz Photo Corporation, Dynatec International, Inc., and Opticolor, Inc., with infringement of fifteen patents owned by Fuji. The charge was based on the respondents...

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