PASS & SEYMOUR, INC. v. INTERNATIONAL TRADE COM'N

Nos. 2009-1338, 2009-1369.

617 F.3d 1319 (2010)

PASS & SEYMOUR, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and General Protecht Group, Inc., Intervenor, and Wenzhou Trimone Science & Technology Electric Co., Ltd., Intervenor, and Shanghai Ele Manufacturing Corporation, Intervenor.

United States Court of Appeals, Federal Circuit.

August 27, 2010.


Attorney(s) appearing for the Case

Mark J. Abate , Goodwin Procter LLP, of New York, NY, argued for appellant. Of counsel were Ankur P. Parekh , Andrew N. Stein , Calvin E. Wingfield, Jr. ; Jennifer A. Albert of Washington, DC; and Charles H. Sanders , of Boston, MA. Of counsel on the brief were George R. McGuire and David L. Nocilly , Bond, Schoeneck & King, PLLC, of Syracuse, NY.

Paul M. Bartkowski , 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.

William F. Long , Sutherland Asbill & Brennan LLP, of Atlanta, GA, argued for intervenor General Protecht Group, Inc. With him on the brief were Ann G. Fort and Joshua D. Curry .

Reece W. Nienstadt , Mei & Mark LLP, of Washington, DC, argued for intervenor Wenzhou Trimone Science & Technology Electric Co., Ltd. With him on the brief was Lei Mei.

Tony D. Chen , Caywin Law Group, of Los Angeles, CA, argued for intervenor Shanghai Ele Manufacturing Corporation.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring in the judgment filed by Circuit Judge NEWMAN.


PROST, Circuit Judge.

This appeal challenges a holding by the International Trade Commission ("Commission") that certain accused products produced by General Protecht Group, Inc. ("General Protecht" or "GPG"), Wenzhou Trimone Science and Technology Electric Co., Ltd. ("Trimone"), and Shanghai ELE Manufacturing Corporation ("ELE" and collectively "defendants") do not infringe certain asserted patents held by Pass and Seymour, Inc. ("P & S"). The Commission found...

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