ALLOC, INC. v. INTERNATIONAL TRADE COM'N

Nos. 02-1222, 02-1291.

342 F.3d 1361 (2003)

ALLOC, INC., Berry Finance N.V., and Valinge Aluminium, AB, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Pergo, Inc., and Roysol, and Akzenta Paneele + Profile GmbH, and Unilin Décor N.V., BHK of America, and Meister-Leisten Schulte, GmbH, Intervenors.

United States Court of Appeals, Federal Circuit.

Corrected September 22, 2003.


Attorney(s) appearing for the Case

Daniel J. O'Connor, Baker & McKenzie, of Chicago, Illinois, argued for appellants. With him on the brief were David I. Roche, Jasmine C. Abdel-khalik, and Shima S. Roy.

Clara Kuehn, Attorney, International Trade Commission, of Washington, DC, argued for appellee. On the brief were Lyn M. Schlitt, General Counsel; James M. Lyons, Deputy General Counsel; and Timothy P. Monaghan, Attorney. Of counsel were David I. Wilson, Michael Diehl, and Wayne Herrington, Attorneys.

John M. DiMatteo, Wilkie Farr & Gallagher, LLP, of New York, New York, argued for intervenors Unilin Décor N.V., BHK of America, Meister-Leisten Schulte GmbH, and all other intervenors. On the brief were Eugene M. Gelernter, of Patterson, Belknap, Webb & Tyler LLP; Art C. Cody, of Wilkie Farr & Gallagher, LLP; and Laura M. Raisty, Adeel A. Mangi, and Daniel Ravicher, Patterson, Belknap, Webb & Tyler LLP, of New York, New York. Of counsel was Cecilia H. Gonzalez, Howrey, Simon Arnold & White, LLP, of Washington, DC. Also on the brief were Edward V. Filardi, Daniel A. DeVito, and Todd J. Tiberi, Skadden Arps Meagher & Flom, LLP, of New York, New York, for intervenor Pergo, Inc. Of counsel were David L. Cohen, Scott D. Lyne, and Douglas R. Nemec, Skadden Arps, etc. Also on the brief were Douglas V. Rigler, and L. Eden Burgess, Andrews & Kurth, LLP, of Washington, DC; and Andrew J. Patch, Young & Thompson, of Arlington, Virginia, for intervenor Roysol. Also on the brief were Ward B. Coe, III, Steven E. Tiller, and Gregory M. Stone, Whiteford, Tayler & Preston, L.L.P., of Baltimore, Maryland, for intervenor Akzenta Paneele + Profile GmbH. Of counsel was Edward H. Kim.

Before MICHEL, RADER, and SCHALL, Circuit Judges.


Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Circuit Judge SCHALL.

RADER, Circuit Judge.

In its Final Determination on Investigation No. 337-TA-443 under 19 U.S.C. § 1337 (section 337), the United States International Trade Commission (Commission) found no infringement of patent claims covering flooring products and methods of joining flooring products. In the Matter of Certain Flooring Prods., Inv. No. 337-TA...

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