AMKOR TECHNOLOGY, INC. v. INTERN. TRADE COM'N

No. 2010-1550.

692 F.3d 1250 (2012)

AMKOR TECHNOLOGY, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd (also known as Recams Sdn Bhd), and Carsem, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

August 22, 2012.


Attorney(s) appearing for the Case

W. Bryan Farney , Dechert, LLP, of Austin, TX, argued for appellant. With him on the brief were Steven R. Daniels ; and Justin F. Boyce and David M. Saunders , of Mountain View, CA. Of counsel were Theodore W. Chandler , Sidley Austin, LLP, of Los Angeles, CA, Russell L. Johnson , of San Francisco, CA, Brian B. Koo , of Washington, DC, and Peter H. Kang , and Georgia K. Van Zanten , of Palo Alto, CA.

Michael Liberman , 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 Andrea C. Casson , Assistant General Counsel for Litigation.

William J. Bohler , Attorney at Law, of Pleasanton, CA, argued for Intervenors. Of counsel on the brief were Louis S. Mastriani , Andrew F. Pratt , William C. Sjoberg and Thomas R. Burns, Jr. , Adduci, Mastriani & Schaumberg, LLP, of Washington, DC.

Before NEWMAN, PLAGER, and LINN, Circuit Judges.


LINN, Circuit Judge.

Complainant-Appellant, Amkor Technology, Inc. ("Amkor"), appeals the determination of the International Trade Commission ("Commission") that Amkor's U.S. Patent No. 6,433,277 ("'277 Patent") is invalid under 35 U.S.C. § 102(g)(2). The respondents in the Commission investigation below, Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. (collectively, "Carsem"), intervene. Because the Commission applied an erroneous legal standard...

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