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JOHN MEZZALINGUA ASSOCIATES v. INTERNATIONAL TRADE

No. 2010-1536.

660 F.3d 1322 (2011)

JOHN MEZZALINGUA ASSOCIATES, INC. (Doing Business As PPC, Inc.), Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

October 4, 2011.

Attorney(s) appearing for the Case

John F. Sweeney , Locke Lord Bissell & Liddell, LLP, of New York, New York, argued for appellant. With him on the brief were Harry C. Marcus , Kathryn A. Barrett and Joseph A. Farco . Of counsel was James Hwa .

Daniel E. Valencia , 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 Michelle W. Klancnik , Assistant General Counsel.

Michelle K. Lee , Google, Inc., of Mountain View, California, for amici curiae, Google, Inc. and Verizon Communication Inc. With her on the brief was Catherine C. Lacavera . Of counsel were Michael K. Kellogg , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., of Washington, DC, and John Thorne and Gail Levine , Verizon Communications Inc., of Arlington, Virginia.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting-in-part opinion filed by Circuit Judge REYNA.

BRYSON, Circuit Judge.

The appellant, which we refer to as PPC, challenges a determination by the International Trade Commission that PPC failed to prove that the importation of certain coaxial cable connectors violated section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. The Commission ruled that PPC failed to satisfy one of the elements of a violation of section 337—the so-called "domestic industry" requirement. We affirm.

I

PPC...

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