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SOLOMON TECHNOLOGIES, INC. v. INTERNATIONAL TRADE

No. 2007-1391.

524 F.3d 1310 (2008)

SOLOMON TECHNOLOGIES, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., Toyota Motor Engineering and Manufacturing North America, Inc., and Toyota Motor Manufacturing Kentucky, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

May 7, 2008.

Attorney(s) appearing for the Case

Kenneth L. Stein, Jenner & Block LLP, of New York, NY, argued for appellant. With him on the brief were Joseph Diamante and Richard H. An.

Clint A. Gerdine, 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 Andrea C. Casson, Assistant General Counsel.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for intervenors. With him on the brief were Thomas W. Winland, Christine Lehman, James R. Barney, and Hayley S. Weimer.

Before LOURIE, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Solomon Technologies, Inc., filed a complaint with the International Trade Commission under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337(a)(1)(B), alleging that Toyota Motor Corporation and its affiliates imported and sold hybrid vehicles that infringed U.S. Patent No. 5,067,932 (the '932 patent). Following an investigation, the presiding administrative law judge found no violation of section 337. The administrative law judge...

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