MOTOROLA MOBILITY, LLC v. INTERNATIONAL TRADE

No. 2012-1535.

737 F.3d 1345 (2013)

MOTOROLA MOBILITY, LLC (formerly known as Motorola Mobility, Inc.), Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Microsoft Corporation, Intervenor.

United States Court of Appeals, Federal Circuit.

December 16, 2013.


Attorney(s) appearing for the Case

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

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 Wayne W. Herrington , Acting General Counsel. Of counsel was Andrea C. Casson.

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

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


RADER, Chief Judge.

The International Trade Commission determined that Motorola Mobility LLC (Motorola) violated § 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, by importing and selling mobile devices that infringe Microsoft Corporation's U.S. Patent No. 6,370,566 ('566 patent). Because substantial evidence supports the Commission's determinations that Motorola did not show that the asserted claims are invalid, and that Microsoft showed that...

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