No. 2010-1093.

690 F.3d 1318 (2012)

INTERDIGITAL COMMUNICATIONS, LLC, and InterDigital Technology Corporation, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Nokia Inc. and Nokia Corporation, Intervenors.

United States Court of Appeals, Federal Circuit.

August 1, 2012.

Attorney(s) appearing for the Case

Donald R. Dunner , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellants. With him on the brief were Allen M. Sokal , Don O. Burley , Smith R. Brittingham IV , and Houtan Khalili Esfahani ; and Christopher P. Isaac , of Reston, Virginia. Of counsel was Kara F. Stoll. Of counsel on the brief were Seth P. Waxman , William G. McElwain , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC; and Mark C. Fleming and Lauren B. Fletcher , of Boston, Massachusetts.

Megan M. Valentine , Attorney, Office of 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.

Patrick J. Flinn , Alston & Bird LLP, of Atlanta, Georgia, argued for intervenors. With him on the brief were John Haynes ; and Ross R. Barton , of Charlotte, North Carolina. Of counsel were Paul F. Brinkman , of Washington, DC; and Madison C. Jellins , of Palo Alto, California.

Dissenting opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

InterDigital Communications, LLC, and InterDigital Technology Corporation (collectively, "InterDigital") appeal from an order of the International Trade Commission finding that InterDigital's patents, U.S. Patent Nos. 7,190,966 ("the '966 patent") and 7,286,847 ("the '847 patent"), were not infringed by Nokia Inc. and Nokia Corporation (collectively, "Nokia"). We hold that the Commission erred in construing certain critical claim terms in both...


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