BROADCOM CORP. v. INTERNATIONAL TRADE COMMISSION

No. 2007-1164.

542 F.3d 894 (2008)

BROADCOM CORPORATION, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Qualcomm Incorporated, Intervenor.

United States Court of Appeals, Federal Circuit.

September 19, 2008.


Attorney(s) appearing for the Case

Robert A. Van Nest, Keker & Van Nest, LLP, of San Francisco, CA, argued for appellant. With him on the brief were Ragesh K. Tangri, Daniel E. Purcell, and Steven K. Taylor. Of counsel were James M. Dowd, Gregory H. Lantier, and William G. McElwain, Wilmer Cutler Pickering Hale & Dorr, LLP, of Washington, DC.

Michael Liberman, 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, Andrea C. Casson, Assistant General Counsel for Litigation, and Clint A. Gerdine, Attorney. Of counsel were Paul Bartkowski, David B. Fishberg, and James A. Worth, Attorneys.

Stephen B. Kinnaird, Sidley Austin LLP, of Washington, DC, argued for intervenor. With him on the brief were Carter G. Phillips, Chantel L. Febus, and Robert A. Parker. Of counsel on the brief were William K. West, Jr., Cecilia H. Gonzalez, and Juliana M. Cofrancesco, Howrey LLP, of Washington, DC; Karin J. Kramer, Howrey LLP, of San Francisco, CA; Timothy S. Teter and Lori R.E. Ploeger, Cooley Godward Kronish LLP, of Palo Alto, CA; and Stanley J. Panikowski, DLA Piper U.S. LLP, of San Diego, CA.

Before RADER, BRYSON, and LINN, Circuit Judges.


BRYSON, Circuit Judge.

This appeal arises out of an investigation by the International Trade Commission under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. Broadcom Corporation filed a petition with the Commission alleging that Qualcomm Incorporated had imported chipsets that infringed five of Broadcom's patents in violation of section 337: U.S. Patent No. 5,682,379 (the '379 patent), U.S. Patent No. 6,359...

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