CLEARCORRECT OPERATING, LLC v. INT'L TRADE COM'N

No. 2014-1527.

819 F.3d 1334 (2016)

CLEARCORRECT OPERATING, LLC, ClearCorrect Pakistan (Private), Ltd., Appellants v. INTERNATIONAL TRADE COMMISSION, Appellee. Align Technology, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

March 31, 2016.


Attorney(s) appearing for the Case

Michael D. Myers , McClanahan Myers Espey, LLP, Houston, TX, for appellants. Also represented by Robert Henry Espey II ; Gary Hnath , Paul Whitfield Hughes , Mayer Brown LLP, Washington, DC.

Sidney A. Rosenzweig , Office of the General Counsel, United States International Trade Commission, Washington, DC, for appellee. Also represented by Wayne W. Herrington , Dominic L. Bianchi.

Stephen Blake Kinnaird , Paul Hastings LLP, Washington, DC, for intervenor. Also represented by Thomas A. Counts , Igor Victor Timofeyev.

Steven Metalitz , Mitchell, Silberberg & Knupp, LLP, Washington, DC, for amicus curiae Association of American Publishers.

Jonathan J. Engler , Adduci, Mastriani & Schaumberg, LLP, Washington, DC, for amici curiae Motion Picture Association of America, Recording Industry Association of America. Also represented by Thomas Richard Burns, Jr. , Tom M. Schaumberg.

Geoffrey A. Manne , International Center for Law & Economics, Portland, OR, for amicus curiae International Center for Law & Economics.

Eric Jay Fues , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for amicus curiae International Trade Commission Trial Lawyers Association. Also represented by Matthew Bathon , Charles F. Schill , Steptoe & Johnson, LLP, Washington, DC; Sarah E. Hamblin , Adduci, Mastriani & Schaumberg, LLP, Washington, DC; Goutam Patnaik , Gwendolyn Tawresey , Pepper Hamilton LLP, Washington, DC.

NEWMAN, Circuit Judge, dissents from the denial of the petitions for rehearing en banc.


ORDER

Appellee International Trade Commission and intervenor Align Technology, Inc. each filed separate petitions for rehearing en banc. A response to the petitions was invited by the court and filed by the appellants ClearCorrect Operating, LLC and ClearCorrect Pakistan (Private), Ltd. Several motions for leave to file amici curiae...

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