X2Y ATTENUATORS, LLC v. INTERNATIONAL TRADE COM'N

No. 2013-1340.

757 F.3d 1358 (2014)

X2Y ATTENUATORS, LLC, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Intel Corporation, Intel Americas, Inc., Componentes Intel De Costa Rica S.A., Intel Technology SDN. BHD, Intel Products (Chengdu) Ltd., Apple Inc., and Hewlett-Packard Company, Intervenors.

United States Court of Appeals, Federal Circuit.

July 7, 2014.


Attorney(s) appearing for the Case

John D. Haynes , Alston & Bird LLP, of Atlanta, Georgia, argued for appellant. With him on the brief was Patrick J. Flinn.

Sidney A. Rosenzweig , 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 , General Counsel, and Wayne W. Herrington , Assistant General Counsel.

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, Massachusetts, argued for intervenors. With him on the brief were Michael J. Summersgill , Joseph J. Mueller , Mark C. Fleming and Lauren B. Fletcher ; James L. Quarles, III , and Nina S. Tallon , of Washington, DC; and Mark D. Selwyn , of Palo Alto, California. Of counsel on the brief for intervenor Apple Inc. were Marcia H. Sundeen , Kenyon & Kenyon LLP, of Washington, DC, and Megan Whyman Olesek , of Palo Alto, California.

Concurring opinion filed by Circuit Judge REYNA.


MOORE, Circuit Judge.

X2Y Attenuators, LLC (X2Y) appeals from the final determination of the International Trade Commission (ITC) that Intel Corporation and other intervenors (Intel) did not violate 19 U.S.C. § 1337 because Intel's products were not covered by X2Y's asserted patents. Because the ITC correctly construed the relevant claim terms, we affirm.

BACKGROUND

The asserted patents, U.S. Patent Nos. 7,609,500 ('500 patent), 7,916...

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