The Battle Brewing Over Kyocera

Law360, New York (December 18, 2009, 10:43 AM EST) -- On Oct. 14, 2008, the Federal Circuit in Kyocera Wireless Corp. v. U.S. Int’l Trade Comm’n, 545 F.3d 1340 (Fed. Cir. 2008) held that the U.S. International Trade Commission exceeded its statutory authority when it found the only named respondent, Qualcomm, in violation of Section 337 but issued a limited exclusion order (“LEO”) barring cell phones from entry into the United States made by third parties if they contained the infringing Qualcomm chips.

The Federal Circuit determined that the plain language of the statute created two...
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