AMGEN, INC. v. ROCHE HOLDING LTD.

No. 2007-1014.

519 F.3d 1343 (2008)

AMGEN, INC., Appellant, v. International Trade Commission, Appellee, and ROCHE HOLDING LTD., F. Hoffmann-La Roche Ltd., Roche Diagnostics GmbH, and Hoffman-La Roche Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

March 19, 2008.


Attorney(s) appearing for the Case

Linda A. Sasaki-Baxley, Day Casebeer Madrid & Batchelder LLP, of Cupertino, CA, argued for appellant. On the brief was Lloyd R. Day, Jr. Of counsel were David M. Madrid and Katie J.L. Scott. Of counsel on the brief were Cecilia H. Gonzalez and Margaret D. Macdonald, Howrey LLP, of Washington, DC.

Christal A. Sheppard, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With her on the brief were James M. Lyons, General Counsel, and Wayne W. Herrington, Assistant General Counsel.

Michael P. Dougherty, Morgan & Finnegan, LLP, of New York, NY, argued for intervenors. With him on the brief were Bartholomew Verdirame, Tony V. Pezzano, and John C. Vassil, of New York, NY; and Kent R. Stevens, of Washington, DC. Of counsel on the brief were Leora Ben-Ami, Patricia A. Carson, Thomas F. Fleming, Howard S. Suh, and Manvin Mayell, Kaye Scholer LLP, of New York, NY; and V. James Adduci II, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC. Of counsel were Tom M. Schaumberg and Maureen F. Browne, of Washington, DC.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.


Opinion for the court filed by Circuit Judge NEWMAN. Opinion concurring-in-part and dissenting-in-part by Circuit Judge LINN.

NEWMAN, Circuit Judge.

By complaint to the International Trade Commission under Section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337, Amgen, Inc. charged that certain importations of recombinant human erythropoietin and derivatives thereof (collectively "EPO") are in violation of Section

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