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Realtek Semiconductor Corp. v. LSI Corp.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2014
565 F. App'x 602 (9th Cir. 2014)

Opinion

No. 13-16070 D.C. No. 5:12-cv-03451-RMW

03-20-2014

REALTEK SEMICONDUCTOR CORPORATION, a Taiwanese corporation, Plaintiff - Appellee, v. LSI CORPORATION, a Delaware corporation and AGERE SYSTEMS LLC, Defendants - Appellants.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Northern District of California

Ronald M. Whyte, Senior District Judge, Presiding


Submitted March 13, 2014

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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San Francisco, California

Before: FARRIS, REINHARDT, and TASHIMA, Circuit Judges.

LSI has appealed from the district court's grant of a preliminary injunction to Realtek that enjoined LSI from enforcing a potential exclusion order that the International Trade Commission might issue in a then-ongoing proceeding before that body. The district court stated that the injunction would go into effect only if the ITC granted an exclusion order, but if the ITC found "no section 337 violation...this preliminary injunction will become moot." The ITC recently found that there was "no section 337 violation" by Realtek and terminated its investigation. Dkt. # 53. By its own terms, the preliminary injunction became inoperative when the ITC did not find a Section 337 violation. Both parties argue that the appeal is not moot as LSI may still appeal the ITC's decision to the Federal Circuit. We need not consider that question as the preliminary injunction itself is no longer operative by virtue of the initial decision of the ITC that there was no Section 337 violation. The appeal is DISMISSED. TASHIMA, Circuit Judge, concurring:

I concur. Under a strict and literal reading of the preliminary injunction, this appeal from the granting of the preliminary injunction is moot. If the Federal Circuit reverses the ITC's Notice of Final Determination and Termination of the Investigation in In re Certain Audiovisual Components and Products Containing the Same, Inv. No. 337-TA-837 (Mar. 4, 2014), and this case is then still in active litigation or on appeal, either party may then move for injunctive relief pendente lite based on those new circumstances.


Summaries of

Realtek Semiconductor Corp. v. LSI Corp.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2014
565 F. App'x 602 (9th Cir. 2014)
Case details for

Realtek Semiconductor Corp. v. LSI Corp.

Case Details

Full title:REALTEK SEMICONDUCTOR CORPORATION, a Taiwanese corporation, Plaintiff …

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 20, 2014

Citations

565 F. App'x 602 (9th Cir. 2014)