Nos. 2009-1460, 2009-1461, 2009-1462, 2009-1465.

629 F.3d 1331 (2010)

SPANSION, INC. and Spansion, LLC, Appellants, and Freescale Semiconductor, Inc., Appellant, and ATI Technologies, ULC, Appellant, and STMicroelectronics N.V., Appellant, and Qualcomm Incorporated, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Tessera, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

December 21, 2010.

Attorney(s) appearing for the Case

Carter G. Phillips , Sidley Austin LLP of Washington, DC, argued for all appellants. With him on the brief for STMicroelectronics N.V. were Eric A. Shumsky , Eric M. Solovy of Washington, DC; and Edward V. Anderson and Russell L. Johnson of San Francisco, CA. Of counsel was Ruthanne M. Deutsch of Washington, DC.

On the brief for Spansion, Inc., et al. were Paul D. Clement , Gilbert Kaplan , Daryl Joseffer and Dawn-Marie Bey King & Spalding Austin LLP of Washington, DC; and Ethan Horwitz of New York, NY. Of counsel was Charles Adams Pannell, III of Atlanta, GA.

Kenneth R. Adamo , Jones Day , of Cleveland, OH, for appellant Freescale Semiconductor, Inc. With him on the brief were Susan M. Gerber ; and Blaney Harper and Lawrence D. Rosenberg of Washington, DC. Also on the brief for appellant ATI Technologies, ULC, were Michael J. Bettinger , Stephen M. Everett and Elaine Y. Chow , K & L Gates LLP, of San Francisco, CA.

Stephen B. Kinnaird , Paul, Hastings, Janofsky & Walker LLP of Washington, DC, for Qualcomm Incorporated. With him on the brief were Igor V. Timofeyev ; Amy E. Simpson of San Diego, CA; Terrence P. McMahon , David H. Dolkas , and David L. Larson of Menlo Park, CA. Of counsel on the brief were Daniel R. Foster , McDermott Will & Emery LLP of Irvine, CA; Matthew J. Gryzlo of Chicago, IL; Margaret D. MacDonald , and Juliana M. Cofrancesco , Howrey LLP, of Washington, DC.

Megan M. Valentine , 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 Andrea C. Casson , Assistant General Counsel for Litigation.

Benjamin W. Hattenbach , Irell & Manella LLP of Los Angeles, CA, argued for Intervenor. With him on the brief were Morgan Chu , Jonathan H. Steinberg , Kenneth J. Weatherwax and Mark A. Kressel . Of counsel on the brief were Miguel A. Estrada and Wayne Barsky , Gibson, Dunn & Crutcher LLP of Washington, DC and Los Angeles, CA, respectively; and Amanda Tessar of Denver, CO.

Before LOURIE, FRIEDMAN, and LINN, Circuit Judges.

LINN, Circuit Judge.

Tessera, Inc. ("Tessera") filed a complaint with the United States International Trade Commission ("the Commission" or "ITC") on April 17, 2007 under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337(a)(1)(B), alleging that seven respondents infringed U.S. Patents No. 5,852,326 (the "'326 patent") and No. 6,433,419 (the "'419 patent") through the importation or sale of certain semiconductor...

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