Spansion, Inc. v. Int'l Trade Comm'n, 09-1460, concerned a challenge to the International Trade Commission's final determination that defendants
directly infringe the asserted claims of the '326 patent and
contributorily infringe the asserted claims of the '419 patent, in plaintiff's suit under section 337 of the Tariff Act of 1990, claiming that seven defendants infringed its patents through the importation or sale of certain semiconductor chips or products containing such chips.
In affirming, the court held that, because the Commission's construction
of the downwardly alongside limitation is affirmed, defendants'
argument that the accused packages do not infringe under their preferred
construction need not be addressed. The court also held that the
Commission's finding of direct infringement of '326 patent and
contributory infringement of '419 patent are supported by substantial
evidence, as well as the Commission's determination that the '326 and
'419 patents are not anticipated by prior patents. Lastly, the court
held that the Commission provided a sufficient basis for issuance of the
limited exclusion order and its actions were not arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance with law.