United States Federal Circuit

In proceedings involving the importation of laminate flooring panels alleged to have infringed upon two patents, an ITC order finding a violation under section 337 of the Tariff Act of 1930 and issuing a general exclusion order against infringing products is affirmed where: 1) appeals of certain findings of infringement were moot where those findings would not preclude respondents from arguing in future proceedings that other, similar products were non-infringing; and 2) denial of a written-description challenge to the validity of certain claims was supported by substantial evidence.

Appellate Information

• Decided 07/31/2008
• Published 07/31/2008

Judges

• SCHALL, Circuit Judge., Before MICHEL, Chief Judge, SCHALL and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• E. Joshua Rosenkranz, Heller Ehrman LLP, of New York, New York, argued for appellants.   With him on the brief were Sturgis M. Sobin and Alexander D. Chinoy, of Washington, DC, and Randy J. Kozel, of Madison, WI., John M. DiMatteo, Willkie Farr & Gallagher LLP, of New York, NY, argued for intervenors.   With him on the brief were Steven H. Reisberg, Leslie M. Spencer, Alexander H. Swirnoff, and David A. Benner.   Of counsel was Margaret D. Macdonald, Howrey LLP, of Washington, DC.


• For Appellees:
  
• James A. Worth, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee.   With him on the brief were James M. Lyons, General Counsel, Wayne W. Herrington, Assistant General Counsel for Litigation, and Michael K. Haldenstein, Attorney.