GEMSTAR-TV GUIDE v. INTERNATIONAL TRADE COM'N

No. 03-1052.

383 F.3d 1352 (2004)

GEMSTAR-TV GUIDE INTERNATIONAL, INC. and Starsight Telecast, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Scientific-Atlanta, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

September 16, 2004.


Attorney(s) appearing for the Case

William F. Lee, Hale and Dorr LLP, of Boston, MA, argued for appellants. With him on the brief was James L. Quarles, III. Of counsel on the brief were Morris Waisbrot and William F. Haigney, Hogan & Hartson LLP, of New York, NY. Of counsel were Mark G. Matuschak, Hale and Dorr LLP, of Boston, MA, and Joseph R. Baldwin, of Washington, DC; and Douglas A. Donofrio, Hogan & Hartson LLP, of New York, NY.

Wayne Herrington, Attorney, Office of the General Counsel, United States 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 Michael Liberman, Attorney. Of counsel was David I. Wilson, Attorney.

Harold J. McElhinny, Morrison & Foerster LLP, for intervenors EchoStar Communications Corporation and SCI Systems, Inc., argued for all intervenors.* Also on the brief for EchoStar, et al., were Rachel Krevans, Ronald P. Flynn, and Zachariah A. Higgins; Stephen S. Dunham, of Denver, CO; Charles S. Barquist, of Los Angeles, CA; and John L. Kolakowski, of McLean, VA. Of counsel on the brief were F. David Foster and Sturgis M. Sobin, Miller & Chevalier Chartered, of Washington, DC. On the brief for intervenors Pioneer Corporation, Pioneer Digital Technologies, Inc., Pioneer North America, Inc., and Pioneer Electronics (USA) Inc. were David P. Swenson and John T. Battaglia, Kirkland & Ellis, of Washington, DC; Robert G. Krupka, Alexander F. MacKinnon, and Lillian L. Lai, of Los Angeles, CA; Laura A. TenBroeck, of Chicago, IL; and Eric R. Lamison, of San Francisco, CA. On the brief for Scientific-Atlanta, Inc., was Joseph R. Bankoff, King & Spalding, of Atlanta, GA. Of counsel on the brief were V. James Adduci, II, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC; Joseph M. Potenza, Banner & Witcoff, Ltd., of Washington, DC; and Louis Norwood Jameson, Duane Morris LLP, of Atlanta, GA. Of counsel were Tom M. Schaumberg, Barbara A. Murphy, and Maureen F. Browne, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC; and Frederic M. Meeker, Nina L. Medlock, Steve S. Chang, and Christopher B. Roth, Banner & Witcoff, Ltd., of Washington, DC.

Before MICHEL, CLEVENGER, and LINN, Circuit Judges.


LINN, Circuit Judge.

Gemstar-TV Guide International, Inc. and Starsight Telecast, Inc. (collectively "Gemstar") appeal from a final order of the United States International Trade Commission ("ITC"), concluding that Scientific-Atlanta, Inc. ("Scientific-Atlanta") did not infringe Gemstar's U.S. Patents Nos. 5,479,268 ("the '268 patent"), 5,809,204 ("the '204 patent"), and 4,706,121 ("the '121 patent") (collectively "the patents-in-suit") and that the '121 patent was...

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