EPISTAR CORP. v. INTERNATIONAL TRADE COM'N

No. 2007-1457.

566 F.3d 1321 (2009)

EPISTAR CORPORATION, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Philips Lumileds Lighting Company, LLC, Intervenor.

United States Court of Appeals, Federal Circuit.

May 22, 2009.


Attorney(s) appearing for the Case

Thomas C. Goldstein, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for appellant. With him on the brief were Colleen M. Coyle, Tobias E. Zimmerman, and Christopher R. Pudelski; and Yitai Hu and Elizabeth Rader, of Palo Alto, CA. Of counsel was Paul F. Brinkman, Alston & Bird LLP, of Washington, DC.

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 for Litigation.

Michael J. Lyons, Morgan, Lewis & Bockius, LLP, of Palo Alto, CA, argued for intervenor. With him on the brief were Andrew J. Wu, of Palo Alto, CA, Daniel Johnson, Jr., of San Francisco, CA, and Carl P. Bretscher, of Washington, DC. Of counsel were Mary J. Boswell, of Washington, DC, and Brett M. Schuman, of San Francisco, CA.

Before RADER, ARCHER, and DYK, Circuit Judges.


RADER, Circuit Judge.

The United States International Trade Commission ("ITC" or "Commission") found that Epistar Corporation ("Epistar") infringed U.S. Patent No. 5,008,718 ("the '718 patent"). In reaching this determination, the Commission estopped Epistar from challenging the validity of the '718 patent. The Commission also construed the claim terms "transparent window layer" and "substrate" of claims 1 and 6. After finding...

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