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NORGREN INC. v. INTERNATIONAL TRADE COM'N

No. 2011-1349.

699 F.3d 1317 (2012)

NORGREN INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and SMC Corporation and SMC Corporation of America, Intervenors.

United States Court of Appeals, Federal Circuit.

November 14, 2012.

Attorney(s) appearing for the Case

Carl F. Manthei , The Ollila Law Group LLC, of Lafayette, CO, argued for appellant. With him on the brief was Curtis J. Ollila .

Mark B. Rees , Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC. With him on the brief were James M. Lyons , General Counsel, and Andrea C. Casson , Assistant General Counsel for Litigation.

Arthur I. Neustadt , Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., of Alexandria, Virginia, argued for intervenors. With him on the brief were Thomas J. Fisher , Barry J. Herman and Eric W. Schweibenz .

Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge MOORE.

LINN, Circuit Judge.

Norgren, Inc. ("Norgren") appeals from the International Trade Commission's ("Commission") determination of no violation of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) ("section 337") by the importation or sale by SMC Corporation and SMC Corporation of America (collectively "SMC") of devices alleged to infringe Norgren's U.S. Patent No. 5,372,392 ("'392 Patent") based on the Commission's conclusion that claims 1-5, 7, and 9 are...

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