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SUPREMA, INC. v. INTERNATIONAL TRADE COM'N

Nos. 2012-1170, 2012-1026, 2012-1124.

742 F.3d 1350 (2013)

SUPREMA, INC. and Mentalix, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Cross Match Technologies, Inc., Intervenor. Cross Match Technologies, Inc., Appellant, v. International Trade Commission, Appellee, and Suprema, Inc. and Mentalix, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

December 13, 2013.

Attorney(s) appearing for the Case

Darryl M. Woo , Fenwick & West, LLP, of San Francisco, CA, argued for appellants Suprema, Inc., et al. With him on the brief were Heather N. Mewes , Jae Won Song, Ilana S. Rubel , Bryan A. Kohm , David M. Lacy Kusters and Erin Simon.

Clint A. Gerdine , Attorney, Office of 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 Andrea C. Casson , Assistant General Counsel for Litigation.

Maximilian A. Grant , Latham & Watkins LLP, of Washington, DC, argued for intervenor Cross Match Technologies, Inc. With her on the brief were Gabriel K. Bell , Michael A. David and Gregory K. Sobolski. Of counsel on the brief was Clement J. Naples , of New York, NY.

Daryl Joseffer , King & Spalding LLP, of Washington, DC, for amicus curiae. With him on the brief was Adam Conrad.

Maximilian A. Grant , Latham & Watkins LLP, of Washington, DC, argued for appellant Cross Match Technologies, Inc. With her on the brief were Michael A. David and Gabriel K. Bell. Of counsel on the brief was Clement J. Naples , of New York, NY.

Clint A. Gerdine , Attorney, Office of 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 Andrea C. Casson , Assistant General Counsel for Litigation.

Darryl M. Woo , Fenwick & West, LLP, of San Francisco, CA, argued for intervenors Suprema, Inc., et al. With him on the brief were Jae Won Song , Ilana S. Rubel , Bryan A. Kohm , David M. Lacy Kusters. Of counsel was Heather N. Mewes.

Opinion for the court filed by Circuit Judge O'MALLEY; Opinion concurring in part and dissenting in part filed by Circuit Judge REYNA.

O'MALLEY, Circuit Judge.

We address related appeals from rulings of the U.S. International Trade Commission ("the Commission").

First, we consider the propriety of the Commission's limited exclusion order barring importation of optical scanning devices and a related cease and desist order. We vacate the cease and desist order, vacate the limited exclusion order in part, and remand so that the order can be revised to bar only a subset of the scanners at issue...

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