SINORGCHEM CO., SHANDONG v. INTERN. TRADE COM'N

No. 2006-1633.

511 F.3d 1132 (2007)

SINORGCHEM CO., SHANDONG, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Flexsys America L.P., Intervenor.

United States Court of Appeals, Federal Circuit.

December 21, 2007.


Attorney(s) appearing for the Case

Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for appellant. With him on the brief were Stephen B. Kinnaird, Stanton T. Lawrence, III, and Paul J. Zegger. Of counsel was Ruthanne Mary Deutsch. Of counsel on the brief were Manni Li, Perkins Coie LLP, of Santa Monica, CA, and Joan Ellis, Venable LLP, of Washington, DC.

James A. Worth, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were James M. Lyons, General Counsel, and Wayne W. Herrington, Assistant General Counsel. Of counsel was Neal J. Reynolds, Attorney.

Mark G. Davis, McDermott, Will & Emery LLP, of Washington, DC, argued for intervenor. With him on the brief were Bureden J. Warren, of Washington, DC, and Leonard D. Conapinski, of Chicago, IL. Of counsel on the brief was Eric C. Cohen, Katten Muchin Rosenman LLP, of Chicago, IL. Of counsel were Raphael V. Lupo, and Natalia V. Blinkova, McDermott, Will & Emery LLP, of Washington, DC; and David C. Minc, Flexsys America L.P., of Akron, OH.

Before NEWMAN and DYK, Circuit Judges, and YEAKEL, District Judge.


Opinion for the court by Ciruict Judge DYK. Dissenting opinion filed by Circuit Judge NEWAN.

DYK, Circuit Judge.

Appellant Sinorgchem Co., Shandong ("Sinorgchem") appeals from a limited exclusion order of the International Trade Commission ("ITC") based on a finding that Sinorgchem infringed four method claims of U.S. Patents 5,117,063 ("the '063 patent") and 5,608,111 ("the '111 patent") owned by intervenor Flexsys America L.P. ("Flexsys"). In re Certain...

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