MOTIVA, LLC v. INTERNATIONAL TRADE COM'N

No. 2012-1252.

716 F.3d 596 (2013)

MOTIVA, LLC, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Nintendo Co., Ltd., and Nintendo of America, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

May 13, 2013.


Attorney(s) appearing for the Case

Christopher D. Banys , The Lanier Law Firm, of Palo Alto, CA, argued for appellant.

Clark S. Cheney , Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were Dominic Bianchi , Acting General Counsel, and Wayne W. Herrington , Assistant General Counsel. Of counsel was James M. Lyons .

Mark S. Davies , Orrick, Herrington & Sutcliffe LLP, of Washington, DC, argued for intervenors. With him on the brief was Katherine M. Kopp . Of counsel on the brief were E. Joshua Rosenkranz , Peter A. Bicks and Alex v. Chachkes , of New York, New York, and Joseph S. Presta and Robert W. Faris , Nixon & Vanderhye, P.C., of Arlington, VA.

Before NEWMAN, PROST, and O'MALLEY, Circuit Judges.


PROST, Circuit Judge.

Motiva, LLC ("Motiva") appeals the decision of the International Trade Commission ("Commission") that Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively "Nintendo") did not violate § 337 of the Tariff Act of 1930 by importing, selling for importation, or selling certain video game systems and controllers. Because the Commission properly determined that a domestic industry does not exist nor is in the process of being established...

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