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ALIGN TECHNOLOGY v. INTERNATIONAL TRADE COM'N

Nos. 2013-1240, 2013-1363.

771 F.3d 1317 (2014)

ALIGN TECHNOLOGY, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Clearcorrect Operating, LLC, Intervenor, and Clearcorrect Pakistan (Private), Ltd., Mr. Mudassar Rathore, Dr. Waqas Wahab, Dr. Nadeem Arif, and Dr. Asim Waheed, Intervenors.

United States Court of Appeals, Federal Circuit.

Rehearing En Banc Denied September 17, 2014.

Attorney(s) appearing for the Case

Igor V. Timofeyev , Paul Hastings LLP, of Washington, DC, argued for appellant. With him on the brief were Stephen B. Kinnaird , and Thomas A. Counts , of San Francisco, California.

James A. Worth , 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.

Michael D. Myers , McClanahan Myers Espey, LLP, of Houston, Texas, argued for intervenors. With him on the brief for ClearCorrect Operating, LLC were Randy McClanahan and Robert H. Espey, II. Of counsel on the brief was Gary M. Hnath , Mayer Brown LLP, of Washington, DC. On the brief for ClearCorrect Pakistan (Private), Ltd., et al, were Lei Mei and Reece Nienstadt , Mei & Mark LLP, of Washington, DC.

Before PROST, Chief Judge, and CHEN, Circuit Judge.

CHEN, Circuit Judge.

The International Trade Commission's regulations authorize the Commission to review a decision of an administrative law judge (ALJ) when that decision is designated as an "initial determination." Other ALJ decisions, such as an "order," are not reviewable. Here, the ALJ denied a motion via an order. This case requires us to consider whether the Commission's review of that order was procedurally sound. For the reasons set forth below, we hold that...

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