United States Federal Circuit

In a case involving a suit for patent infringement brought by Philips against petitioners involving technology for manufacturing recordable and rewritable CDs, a petition for a writ of mandamus challenging denial of a stay and other rulings is granted where the district court erred under 28 U.S.C. section 1659 when it did not stay the case until related proceedings before the U.S. International Trade Commission, including any appeals, become final.

Appellate Information

• Decided 03/01/2007
• Published 03/01/2007

Judges

• Before BRYSON, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Eric L. Wesenberg, Orrick, Herrington & Sutcliffe LLP, of Menlo Park, CA, filed a response for petitioners.   With him on the response were Robert E. Freitas, Cynthia A. Wickstrom and Jason S. Angell.


• For Appellees:
  
• Garrard R. Beeney, Sullivan & Cromwell LLP, of New York, NY, filed a combined petition for panel rehearing and rehearing en banc for respondent, U.S. Philips Corporation.   With him on the petition were Maite Aquino, James T. Williams, and Adam R. Brebner.   Also on the petition were Margaret K. Pfeiffer and Bruce W. Hickey, of Washington, DC.