NINESTAR TECHNOLOGY CO. v. INTERN. TRADE COM'N

No. 2009-1549.

667 F.3d 1373 (2012)

NINESTAR TECHNOLOGY CO., LTD., Ninestar Technology Company, Ltd., and Town Sky, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Epson Portland Inc., Epson American, Inc., and Seiko Epson Corporation, Intervenors.

United States Court of Appeals, Federal Circuit.

February 8, 2012.


Attorney(s) appearing for the Case

Edward F. O'Connor , the Eclipse Group, LLP, of Irvine, CA, for appellants. With him on the brief was Stephen M. Lobbin .

Wayne W. Herrington , Assistant General Counsel, Office of the General Counsel, United States International Trade Commission, of Washington, DC, for appellee. With him on the brief were James M. Lyons , General Counsel, and Michael K. Haldenstein , Attorney. Of counsel was Andrea C. Casson , United States International Trade Commission, of Washington, DC.

Harold A. Barza , Quinn Emanuel Urquhart Oliver, of Los Angeles, CA, for intervenors. With him on the brief were Tigran Guledjian and Valerie Roddy ; and Sanford I. Weisburst , of New York, NY. Of counsel on the brief were Louis S. Mastriani and Michael L. Doane , Adduci, Mastriani & Schaumberg, LLP, of Washington, DC.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.


NEWMAN, Circuit Judge.

This appeal is taken from the Order of the United States International Trade Commission assessing a civil penalty against the Ninestar companies for failure to comply with exclusion and cease and desist orders arising from violation of Section 337 of the Tariff Act, 19 U.S.C. § 1337. We affirm the Commission's rulings.

BACKGROUND

In the foundation action under Section 337, the Commission had found unfair trade practices...

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