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TESSERA, INC. v. INTERNATIONAL TRADE COM'N

No. 2010-1176.

646 F.3d 1357 (2011)

TESSERA, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Elpida Memory, Inc. and Elpida Memory (USA) Inc., Intervenors, and Smart Modular Technologies, Inc., Intervenor, and Acer, Inc., Acer America Corporation, Nanya Technology Corporation, Nanya Technology Corporation U.S.A., and PowerChip Semiconductor Corporation (now known as Powerchip Technology Corporation), Intervenors, and Ramaxel Technology Ltd., Intervenor, and Kingston Technology Company, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

May 23, 2011.

Attorney(s) appearing for the Case

Benjamin W. Hattenbach , Irell & Manella LLP, of Los Angeles, CA, argued for appellant. With him on the brief were Morgan Chu , Jonathan H. Steinberg , Kenneth J. Weatherwax and Mark A. Kressel ; and Wayne M. Barsky , of Gibson, Dunn & Crutcher LLP, of Los Angeles, CA; and Mark N. Reiter and Steven M. Geiszler , of Dallas, TX.

Panyin A. Hughes , 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 Michelle W. Klancnik , Acting Assistant Counsel.

Eric L. Wesenberg , Orrick, Herrington & Sutcliffe, LLP, of Menlo Park, CA, argued for intervenors Acer, Inc., et al. With him on the brief were Kenneth J. Halpern , G. Hopkins Guy III , Kai Tseng , Michael F. Heafey and Brian H. Vanderzanden , of Menlo Park, CA. Of counsel was Steven E. Adkins , of Washington, DC; and Sanjeet K. Dutta , Matthew J. Hult , Hsiang Hong Lin , Denise Marie Mingrone , and Michael C. Ting , of Menlo, CA; and Cynthia Alison Lock , of Irvine, CA.

Kenneth E. Krosin , Foley & Lardner, LLP, of Washington, DC, argued for intervenors Elpida Memory, et al. With him on the brief were Gregory C. Beck , Mary M. Calkins ; and Gina A. Bibby of Palo Alto, CA; and Michael R. Houston , of Chicago, IL. Of counsel was Richard S. Florsheim , of Milwaukee, WI.

Joseph V. Colaianni , Fish & Richardson, P.C., of Washington, DC, for intervenor Ramaxel Technology Ltd. With him on the brief was Timothy W. Riffe . Of counsel on the brief was Ruixue Ran , Jun He Law Offices, Beijing, China.

Michael R. Levinson , Seyfarth Shaw LLP, of Chicago, IL, for intervenor Kingston Technology Company, Inc. With him on the brief were Alan L. Unikel , Joseph R. Lanser and Matthew A. Werber . Of counsel on the brief was Christine Yang , Law Offices of S.J. Christine Yang, of Fountain Valley, CA.

Jonathan M. James , Perkins Coie LLP, of Perkins Coie LLP, of Phoenix, AZ, for intervenor Smart Modular Technologies Inc. Of counsel was David John Palmer .

Before LOURIE, LINN, and DYK, Circuit Judges.

LINN, Circuit Judge.

Tessera, Inc. ("Tessera") filed a complaint with the United States International Trade Commission (the "Commission" or "ITC") on December 21, 2007, under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, alleging that eighteen respondents infringed U.S. Patent Nos. 5,663,106 (the "'106 patent"); 5,679,977 (the "'977 patent"); 6,133,627 (the "'627 patent"); and 6,458,681 (the "'681 patent") through the importation of certain semiconductor...

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