United States Federal Circuit

In a case involving single-use cameras, the International Trade Commission's determination of infringement is vacated where its refusal to allow plaintiff to present its invalidity defense was contrary to 19 U.S.C. section 1337(c).

Appellate Information

• Decided 10/07/2004
• Published 10/07/2004

Judges

• LINN, Circuit Judge., Before CLEVENGER, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph W. Bain, Akerman Senterfitt, of West Palm Beach, FL, argued for VastFame Camera, Ltd., Lawrence Rosenthal, Stroock & Stroock & Lavan LLP, of New York, NY, argued for intervenor.   With him on the brief were Matthew W. Siegal, Lisa A. Jakob, Angie M. Hankins and Howard D. Shatz.   Of counsel were Will E. Leonard and Michael L. Doane, Adduci, Mastriani & Schaumberg, L.L.P., of Washington, DC.


• For Appellees:
  
• Jean H. Jackson, Attorney, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, argued for appellee.   With her on the brief were Lyn M. Schlitt, General Counsel, and James M. Lyons, Deputy General Counsel.