Court of Customs and Patent Appeals, 1980

Krupp International, Inc. v. United States International Trade Commission

Court of Customs and Patent Appeals · Decided March 26, 1980 · Baldwin, Markey, Miller, Rioh

67 C.C.P.A. 166; 626 F.2d 843

Cases that cite this one

4 later published cases cite this decision.

The Aleut Tribe v. The United States (Fed. Cir. 1983)
Lockwood v. American Airlines, Inc. (United States District Court for the Southern District of California 1994)
Krupp International Inc. v. U.S. International Trade Commission (Court of Customs and Patent Appeals 1981)
Krupp International, Inc. v. U.S. International Trade Commission (Court of Customs and Patent Appeals 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Baldwin, Judge.

This matter comes before us on Southwire Company’s (Southwire) Motion to Dismiss Krupp International and Fried. Krupp’s (collectively, Krupp) appeal1 from the United States International Trade Commission’s (ITC) determination of November 23, 1979, In the Matter of Certain Apparatus for the Continuous Production of Copper Rod, Investigation No. 337-TA-52. The ITC, while finding that Krupp was in violation of § 1337 in other matters 2 which in this appeal are of no concern, made no § 1337 determination concerning the No. 4,129,170 ('170) patent.

OPINION

Krupp fails to recite anything in the ITC’s determination that is adverse to it. The ITC’s finding that the ’170 patent is valid cannot be said to be adverse to Krupp in the absence of a determination by the ITC that Krupp was in violation of § 1337. See accompanying decision and order in American Telephone and Telegraph Company, Western Electric Company, Incorporated and Nassau Recycle Corporation v. United States International Trade Commission and Southwire Company, Appeal No. 80-14, decided concurrently herewith; Tong Seae v. ITC, No. 79-38 (CCPA January 7, 1980).

Accordingly, Southwire’s Motion to Dismiss is granted. South-wire’s Motion to Extend the Time for Filing a Cross-Appeal and Krupp’s Motion for Extension of Time to Designate Record are rendered moot.

DISMISSED.

The papers considered by the court include the Request for Leave to Reply to Response of the ITC to Southwire’s Motion to Dismiss and both Southwire’s and ITC’s oppositions thereto.

The adverse portion of the § 1337 violation has apparently been appealed separately.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.