No. 2012-1338.

725 F.3d 1356 (2013)

APPLE INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Motorola Mobility, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

August 7, 2013.

Attorney(s) appearing for the Case

E. Joshua Rosenkranz , Orrick, Herrington & Sutcliffe, LLP, of New York, NY, argued for the appellant. With him on the brief were Mark S. Davies , Rachel M. McKenzie and T. Vann Pearce, Jr. , of Washington, DC.

Megan M. Valentine , Attorney Advisor, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With her on the brief were Dominic L. Bianchi , Acting General Counsel, and Andrea C. Casson , Assistant General Counsel for Litigation.

David A. Nelson , Quinn Emanuel Urquhart & Sullivan LLP, of Chicago, IL, argued for intervenor. With him on the brief were Charles K. Verhoeven , of San Francisco, CA. Of counsel on the brief were Edward J. Defranco , Alexander Rudis and Matthew A. Traupman , of New York, NY.

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge REYNA.

MOORE, Circuit Judge.

Apple appeals from the final decision of the International Trade Commission (ITC) that the asserted claims of U.S. Patent No. 7,663,607 ('607 patent) are invalid and that Motorola does not infringe the asserted claims of U.S. Patent No. 7,812,828 ('828 patent). Apple challenges the ITC's claim construction and its determinations of obviousness, anticipation, and noninfringement. For the following reasons, we affirm-in-part, reverse-in-part...

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