MICROSOFT CORP. v. INTERNATIONAL TRADE COM'N

Nos. 2012-1445, 2012-1535.

731 F.3d 1354 (2013)

MICROSOFT CORPORATION, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Motorola Mobility, LLC, Intervenor.

United States Court of Appeals, Federal Circuit.

October 3, 2013.


Attorney(s) appearing for the Case

Constantine L. Trela, Jr. , Sidley Austin, LLP, of Chicago, IL, argued for appellant. With him on the brief were David T. Pritikin , Richard A. Cederoth , Ellen S. Robbins and John W. McBride . Of counsel on the brief were Brian R. Nester and Ryan C. Morris , of Washington, DC. Of counsel were Michael R. Franzinger , of Washington, DC, and Douglas I. Lewis , of Chicago, IL.

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 Dominic L. Bianchi , Acting General Counsel, and James A. Worth , Acting Assistant General Counsel. Of counsel was Andrea C. Casson.

Charles K. Verhoeven , Quinn Emanuel Urquhart & Sullivan, LLP, of San Francisco, CA, argued for intervenor. With him on the brief were David A. Nelson , of Chicago, IL; and Edward J. DeFraco , Raymond N. Nimrod and Matthew A. Traupman , of New York, NY.

Before RADER, Chief Judge, PROST, and TARANTO, Circuit Judges.


TARANTO, Circuit Judge.

Microsoft Corporation appeals from an order of the United States International Trade Commission that found no violation of 19 U.S.C. § 1337 insofar as Microsoft alleged that Motorola Mobility, Inc. (Motorola), infringed four of Microsoft's patents, U.S. Patent Nos. 6,578,054; 6,826,762; 7,644,376; and 5,664,133. The Commission found no infringement of those patents. As to three of the patents, the '054, '762, and '376 patents, the Commission...

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