United States Federal Circuit

The US International Trade Commission's finding of patent misuse is reversed where the line of analysis that the Commission employed in reaching its conclusion was predicated on legal errors and on factual findings that were not supported by substantial evidence.

Appellate Information

• Decided 09/21/2005
• Published 09/21/2005

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• A. Douglas Melamed, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for appellant.   With him on the brief were William J. Kolasky, Edward C. DuMont, Jonathan G. Cedarbaum, and Barbara R. Blank., Alan D. Smith, Fish & Richardson P.C., of Boston, Massachusetts, argued for intervenors.   With him on the brief were Charles H. Sanders of Boston, Massachusetts;  and Richard G. Green and Tina M. Chappell, of Washington, DC. Of counsel was Ahmed J. Davis, of Washington, DC., John DeQ. Briggs, III, Howrey Simon Arnold & White, LLP, of Washington, DC, for amicus curiae Intellectual Property Owners Association.   With him on the brief were Marc G. Schildkraut and Joseph P. Lavelle.   Of counsel on the brief was J. Jeffrey Hawley, President, Intellectual Property Owners Association, of Washington, DC., David F. Ryan, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, for amicus curiae New York Intellectual Property Law Association.   With him on the brief was Matthew S. Seidner.   Of counsel on the brief was John D. Murnane, President, New York Intellectual Property Law Association, of New York, New York. Of counsel was Joseph B. Divinagracia.


• For Appellees:
  
• Clara Kuehn, Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee.   With her on the brief were James M. Lyons, Acting General Counsel, and Wayne W. Herrington, Acting Deputy General Counsel for Litigation.