United States Federal Circuit

Intervenors' patent was not infringed to produce certain abrasive articles imported by the appellant; the International Trade Commission's judgment of infringement is reversed. The defenses available under 35 U.S.C. section 271(g) do not apply to infringement actions before the Commission.

Appellate Information

• Decided 03/25/2004
• Published 03/25/2004

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Anthony C. Roth, Morgan, Lewis & Bockius LLP, of Washington, DC, argued for appellant.   With him on the brief were Peter Buscemi and Robert J. Hollingshead., Ralph A. Mittelberger, Heller, Ehrman, White & McAuliffe LLP, of Washington, DC, argued for intervenors.   Of counsel on the brief were Kevin H. Rhodes and Daniel R. Pastirik, 3M Innovative Properties Company, of St. Paul, MN.


• For Appellees:
  
• Michael K. Haldenstein, Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee.   With him on the brief were Lyn M. Schlitt, General Counsel;  and James M. Lyons, Deputy General Counsel.