FS.com Inc. v. ITC
Appellant: PANDUIT CORP., FS.COM INC. and THE SIEMON COMPANY
Appellee: INTERNATIONAL TRADE COMMISSION
Intervenor: CORNING OPTICAL COMMUNICATIONS LLC
Amicus Curiae: DIVERSIFIED MATERIAL SPECIALISTS, INC.
Case Number: 22-1228
Filed: December 7, 2021
Court: U.S. Court of Appeals, Federal Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
April 20, 2023 Summary FS.com Inc. v. International Trade Commission

Docket Report

This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2022 Filing 76 Corrected Entry of appearance for George C. Summerfield; Darlene F. Ghavimi as counsel for Appellant FS.com Inc.. Service: 10/26/2022 by email. [880521] [22-1228] [George Summerfield] [Entered: 10/26/2022 04:55 PM]
October 24, 2022 Filing 75 NOTICE OF NON-COMPLIANCE: The submission of Appellant FS.com Inc., Entry of Appearance [ # 74 ], is not in compliance with the rules of this court (see attached). Compliant document due on 10/31/2022. Service as of this date by the Clerk of Court. [879682] [KMH] [Entered: 10/24/2022 09:47 AM]
October 21, 2022 Filing 74 Amended Entry of appearance for George C. Summerfield; Darlene F. Ghavimi as counsel for Appellant FS.com Inc.. Service: 10/21/2022 by email. [879638] [22-1228] This document is non-compliant. See Doc No. [ # 75 ] [George Summerfield] [Entered: 10/21/2022 07:12 PM]
October 14, 2022 Opinion or Order Filing 73 ORDER granting motion [ # 72 ] to the extent that Panduit is dismissed from this appeal. The revised official caption and short caption are reflected in the order. Panduit shall bear its own costs. The Clerk of Court shall transmit a copy of this order to the merits panel assigned to this appeal. Service as of this date by the Clerk of Court. [877873] [NL] [Entered: 10/14/2022 11:54 AM]
September 30, 2022 Filing 72 MOTION of Appellant Panduit Corp. to voluntarily dismiss appeal pursuant to FRAP 42(b). Service: 09/30/2022 by email. [875088] [22-1228] [John Molenda] [Entered: 09/30/2022 01:25 PM]
September 23, 2022 Filing 71 6 paper copies of Doc. No. [ # 41 ] received from Amicus Curiae Diversified Material Specialists, Inc.. [874087] [VDW] [Entered: 09/27/2022 09:55 AM]
September 23, 2022 Filing 70 Notice to Amicus Curiae Diversified Material Specialists, Inc.: The record of this case indicates that no paper copies of amicus brief [ # 41 ] under FCR 25(c)(3) have been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [873544] [JCP] [Entered: 09/23/2022 07:36 AM]
September 9, 2022 Filing 69 Clerk's Note to the File: The conflict dates requested by Appellants (see Doc. No. [ # 66 ]) are not accepted at this time. [870910] [MJL] [Entered: 09/09/2022 02:00 PM]
September 9, 2022 Filing 68 The following conflict dates submitted by Gregory G. Rapawy for Corning Optical Communications LLC have been accepted by the court: 11/01/2022, 11/02/2022, 11/03/2022, 04/06/2023, 04/07/2023. The following date has not been accepted at this time: 11/04/2022. [870907] [MJL] [Entered: 09/09/2022 01:57 PM]
September 9, 2022 Filing 67 The following conflict dates submitted by Cathy Chen for ITC have been accepted by the court: 11/01/2022, 11/02/2022, 04/03/2023, 04/04/2023, 04/05/2023, 04/06/2023, 04/07/2023. [870906] [MJL] [Entered: 09/09/2022 01:55 PM]
September 6, 2022 Filing 66 Notice from Appellants Panduit Corp., FS.com Inc. and Siemon Company regarding conflicts with oral argument. Service: 09/06/2022 by email. [870195] [22-1228] [John Molenda] [Entered: 09/06/2022 10:39 PM]
September 6, 2022 Filing 65 Amended Entry of appearance for John Josef Molenda as counsel for Appellant Panduit Corp.. Service: 09/06/2022 by email. [870194] [22-1228] [John Molenda] [Entered: 09/06/2022 10:33 PM]
September 6, 2022 Filing 64 Notice from Intervenor Corning Optical Communications LLC regarding conflicts with oral argument. Service: 09/06/2022 by email. [870161] [22-1228] [Gregory Rapawy] [Entered: 09/06/2022 05:38 PM]
September 6, 2022 Filing 61 Notice from Appellee ITC regarding conflicts with oral argument. Service: 09/06/2022 by email. [869937] [22-1228] [Cathy Chen] [Entered: 09/06/2022 10:03 AM]
September 1, 2022 Filing 63 6 paper copies of Doc. No. [54], [48], [28] received from Appellants FS.com Inc., Panduit Corp. and Siemon Company. [870036] [VDW] [Entered: 09/06/2022 01:42 PM]
September 1, 2022 Filing 62 6 paper copies of Doc. No. [ # 42 ] received from Appellee ITC. [870025] [VDW] [Entered: 09/06/2022 01:01 PM]
August 31, 2022 Filing 60 6 paper copies of Doc. No. [ # 45 ] received from Intervenor Corning Optical Communications LLC. [869243] [VDW] [Entered: 08/31/2022 01:43 PM]
August 30, 2022 Filing 59 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [868893] [KMH] [Entered: 08/30/2022 10:55 AM]
August 30, 2022 Filing 58 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [868890] [KMH] [Entered: 08/30/2022 10:52 AM]
August 30, 2022 Filing 57 CORRECTED APPENDIX FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 08/11/2022 by email. [868881] This document has been accepted. See Order [ # 56 ] [KMH] [Entered: 08/30/2022 10:38 AM]
August 30, 2022 Opinion or Order Filing 56 ORDER granting motion to extend time to file appendix [ # 55 ] filed by Appellants. ECF No. 55-2 through 55-5 is accepted for filing as the corrected non-confidential joint appendix. Service as of this date by the Clerk of Court. [868867] [LMS] [Entered: 08/30/2022 10:20 AM]
August 11, 2022 Filing 55 MOTION of Appellants FS.com Inc., Panduit Corp. and Siemon Company for Leave to File Corrected Non-Confidential Joint Appendix Out of Time. Service: 08/11/2022 by email. [866274] [22-1228] [Christopher Suarez] [Entered: 08/11/2022 06:48 PM]
August 11, 2022 Filing 54 MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 08/11/2022 by email. [866264]--[Edited 08/30/2022 by KMH - compliance review complete] [Kelly Eberspecher] [Entered: 08/11/2022 04:42 PM]
August 5, 2022 Filing 53 NOTICE OF NON-COMPLIANCE: The submission of Appellants FS.com Inc., Panduit Corp., Siemon Company, Appellee ITC and Intervenor Corning Optical Communications LLC, Appendix [ # 52 ], [51], is not in compliance with the rules of this court (see attached). Compliant document due on 08/12/2022. Service as of this date by the Clerk of Court. [865064] [KMH] [Entered: 08/05/2022 10:30 AM]
July 30, 2022 Filing 52 APPENDIX FILED by Intervenor Corning Optical Communications LLC, Amicus Curiae Diversified Material Specialists, Inc., Appellants FS.com Inc., Panduit Corp., Siemon Company and Appellee ITC. Service: 07/29/2022 by email. [863963] [22-1228] This document is non-compliant. See Doc No. [ # 53 ] [Kelly Eberspecher] [Entered: 07/30/2022 12:28 AM]
July 29, 2022 Filing 51 CONFIDENTIAL APPENDIX FILED by Intervenor Corning Optical Communications LLC, Amicus Curiae Diversified Material Specialists, Inc., Appellants FS.com Inc., Panduit Corp., Siemon Company and Appellee ITC. Service: 07/29/2022 by email. [863961] [22-1228] This document is non-compliant. See Doc No. [ # 53 ] [Kelly Eberspecher] [Entered: 07/29/2022 11:53 PM]
July 29, 2022 Filing 50 Joint Statement of Compliance with Fed. Cir. R. 33 for Intervenor Corning Optical Communications LLC and Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 07/29/2022 by email. [863960] [22-1228] [Christopher Suarez] [Entered: 07/29/2022 10:16 PM]
July 22, 2022 Filing 49 MODIFIED ENTRY: REPLY BRIEF FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 07/22/2022 by email. [862712] --[Edited 07/25/2022 by JCW - compliance review complete] [Kelly Eberspecher] [Entered: 07/22/2022 11:34 PM]
July 22, 2022 Filing 48 MODIFIED ENTRY: CONFIDENTIAL REPLY BRIEF FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 07/22/2022 by email. [862710]--[Edited 07/25/2022 by JCW - compliance review complete] [Kelly Eberspecher] [Entered: 07/22/2022 11:17 PM]
July 7, 2022 Filing 47 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 46 ] filed by Appellants Panduit Corp., FS.com Inc. and Siemon Company. The reply brief is due 07/22/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [859618] [JCW] [Entered: 07/07/2022 01:15 PM]
July 7, 2022 Filing 46 MOTION of Appellants FS.com Inc., Panduit Corp. and Siemon Company to extend the time to 07/22/2022 to file brief. Service: 07/07/2022 by email. [859609] [22-1228] [Kelly Eberspecher] [Entered: 07/07/2022 12:36 PM]
June 24, 2022 Filing 45 MODIFIED ENTRY: INTERVENOR BRIEF FILED by Intervenor Corning Optical Communications LLC. Service: 06/24/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [857412] --[Edited 06/30/2022 by KMH - compliance review complete] [John Thorne] [Entered: 06/24/2022 10:47 PM]
June 24, 2022 Filing 44 Amended Certificate of Interest for Intervenor Corning Optical Communications LLC. Service: 06/24/2022 by email. [857389] [22-1228] [John Thorne] [Entered: 06/24/2022 04:44 PM]
June 24, 2022 Filing 43 Amended Entry of appearance for John Thorne; Gregory G. Rapawy; Evan T. Leo; Andrew E. Goldsmith; Hannah D. Carlin; D. Chanslor Gallenstein as counsel for Intervenor Corning Optical Communications LLC. Service: 06/24/2022 by email. [857382] [22-1228] [John Thorne] [Entered: 06/24/2022 04:41 PM]
June 24, 2022 Filing 42 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee ITC. Service: 06/24/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [857249] --[Edited 06/30/2022 by KMH - compliance review complete] [Cathy Chen] [Entered: 06/24/2022 01:26 PM]
June 23, 2022 Filing 41 CORRECTED AMICUS BRIEF FILED by Diversified Material Specialists, Inc.. Service: 05/24/2022 by email. [857003] This document has been accepted. See Order [ # 40 ]. [KMH] [Entered: 06/23/2022 01:40 PM]
June 23, 2022 Opinion or Order Filing 40 ORDER filed granting motion for leave to file an amicus curiae brief [ # 39 ]. ECF No. 39-2 is accepted for filing. Service as of this date by the Clerk of Court. [856964] [LMS] [Entered: 06/23/2022 11:57 AM]
May 24, 2022 Filing 39 MOTION of Diversified Material Specialists, Inc. for leave to file an amicus curiae brief. Service: 05/24/2022 by email. [851617] [22-1228] [Nicholas Grennan] [Entered: 05/24/2022 03:57 PM]
May 19, 2022 Filing 38 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 37 ] filed by Appellee ITC. The response brief is due 06/24/2022. The intervenor brief is due 06/24/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [850678] [EKD] [Entered: 05/19/2022 11:54 AM]
May 19, 2022 Filing 37 MOTION of Appellee ITC to extend the time to 06/24/2022 to file brief. Service: 05/19/2022 by email. [850634] [22-1228] [Cathy Chen] [Entered: 05/19/2022 09:52 AM]
May 18, 2022 Opinion or Order Filing 36 ORDER denying the motion [ # 35 ] without prejudice to DMSI refiling the motion within seven days of the date of filing of this order with a second corrected amicus brief rectifying the deficiencies identified above. Service as of this date by the Clerk of Court. [850520] [LMS] [Entered: 05/18/2022 03:50 PM]
April 29, 2022 Filing 35 MOTION of Diversified Material Specialists, Inc. for leave to file an amicus curiae brief. Service: 04/29/2022 by email. [846411] [22-1228] [Nicholas Grennan] [Entered: 04/29/2022 01:34 PM]
April 29, 2022 Filing 34 Certificate of Interest for Diversified Material Specialists, Inc.. Service: 04/29/2022 by email. [846406] [22-1228] [Nicholas Grennan] [Entered: 04/29/2022 01:23 PM]
April 29, 2022 Filing 33 Corrected Entry of appearance for Nicholas R. Grennan as counsel for Diversified Material Specialists, Inc.. Service: 04/29/2022 by email. [846401] [22-1228] [Nicholas Grennan] [Entered: 04/29/2022 01:20 PM]
April 26, 2022 Filing 32 NOTICE OF NON-COMPLIANCE: The submissions of Diversified Material Specialists, Inc. Entry of Appearance [ # 30 ] and Motion for Leave to File an Amicus Curiae Brief [ # 31 ], are not in compliance with the rules of this court (see attached). Compliant documents due on 05/03/2022. Service as of this date by the Clerk of Court. [845418] [ALK] [Entered: 04/26/2022 10:35 AM]
April 25, 2022 Filing 31 MOTION of Diversified Material Specialists, Inc. for leave to file an amicus curiae brief. Service: 04/25/2022 by email. [845302] [22-1228] This document is non-compliant. See Doc No. [ # 32 ]. [Nicholas Grennan] [Entered: 04/25/2022 06:02 PM]
April 25, 2022 Filing 30 Entry of appearance for NICHOLAS R. GRENNAN as counsel for Diversified Material Specialists, Inc.. Service: 04/25/2022 by email. [845293] [22-1228] This document is non-compliant. See Doc No. [ # 32 ]. [Nicholas Grennan] [Entered: 04/25/2022 05:44 PM]
April 25, 2022 Filing 29 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 04/25/2022 by email. [845250] --[Edited 04/26/2022 by ALK - compliance review complete] [Kelly Eberspecher] [Entered: 04/25/2022 04:18 PM]
April 25, 2022 Filing 28 MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 04/25/2022 by email. [845248]--[Edited 04/26/2022 by ALK - compliance review complete] [Kelly Eberspecher] [Entered: 04/25/2022 04:12 PM]
April 22, 2022 Filing 27 NOTICE OF NON-COMPLIANCE: The submission of Appellants FS.com Inc., Panduit Corp. and Siemon Company, Confidential and Nonconfidential Opening Brief [25], [ # 26 ], is not in compliance with the rules of this court (see attached). Compliant document due on 04/29/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [844838] [KMH] [Entered: 04/22/2022 10:09 AM]
April 18, 2022 Filing 26 OPENING BRIEF FILED by Appellants FS.com Inc., Panduit Corp. and Siemon Company. Service: 04/18/2022 by email. [843980] [22-1228] This document is non-compliant. See Doc No. [ # 27 ] [Kelly Eberspecher] [Entered: 04/18/2022 11:51 PM]
April 18, 2022 Filing 25 CONFIDENTIAL OPENING BRIEF FILED by Appellants Panduit Corp., Siemon Company and FS.com Inc.. Service: 04/18/2022 by email. [843979] [22-1228] This document is non-compliant. See Doc No. [ # 27 ] [Kelly Eberspecher] [Entered: 04/18/2022 11:32 PM]
February 23, 2022 Opinion or Order Filing 24 ORDER granting motion to extend time to file brief [ # 21 ] filed by Appellants Panduit Corp., FS.com Inc. and Siemon Company. Any opening briefs are due no later than April 18, 2022. Service as of this date by the Clerk of Court. [833046] [LMS] [Entered: 02/23/2022 01:40 PM]
February 18, 2022 Filing 23 REPLY of Appellant Panduit Corp. to response [ # 22 ]. Service: 02/18/2022 by email. [832397] [22-1228] [Kelly Eberspecher] [Entered: 02/18/2022 04:06 PM]
February 17, 2022 Filing 22 RESPONSE of Intervenor Corning Optical Communications LLC to Doc No. [ # 21 ]. Service: 02/17/2022 by email. [831872] [22-1228] [John Thorne] [Entered: 02/17/2022 09:27 AM]
February 16, 2022 Filing 21 MOTION of Appellants FS.com Inc., Panduit Corp. and Siemon Company to extend the time to 04/18/2022 to file brief. Service: 02/16/2022 by email. [831824] [22-1228] [Kelly Eberspecher] [Entered: 02/16/2022 08:55 PM]
January 21, 2022 Filing 20 Certified list received. Service: 01/18/2022 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [825967] [KMH] [Entered: 01/21/2022 12:12 PM]
January 13, 2022 Filing 19 Docketing Statement for the Intervenor Corning Optical Communications LLC. Service: 01/13/2022 by email. [824389] [22-1228] [John Thorne] [Entered: 01/13/2022 12:00 PM]
January 13, 2022 Filing 18 Corrected Entry of appearance for John Thorne; Gregory G. Rapawy; Evan T. Leo; Andrew E. Goldsmith; Hannah D. Carlin as counsel for Intervenor Corning Optical Communications LLC. Service: 01/13/2022 by email. [824382] [22-1228] [John Thorne] [Entered: 01/13/2022 11:52 AM]
January 6, 2022 Filing 17 NOTICE OF NON-COMPLIANCE: The submission of Intervenor Corning Optical Communications LLC, Entry of Appearance [ # 4 ], is not in compliance with the rules of this court (see attached). Compliant document due on 01/13/2022. Service as of this date by the Clerk of Court. [823000] [KMH] [Entered: 01/06/2022 09:21 AM]
January 6, 2022 Opinion or Order Filing 16 ORDER granting motion for leave to intervene [ # 5 ]. The revised official caption is reflected above. Service as of this date by the Clerk of Court. [822973] [LMS] [Entered: 01/06/2022 08:41 AM]
December 21, 2021 Filing 15 Docketing Statement for the Appellant Siemon Company. Service: 12/21/2021 by email. [820340] [22-1228] [Michael Rye] [Entered: 12/21/2021 03:48 PM]
December 21, 2021 Filing 14 Certificate of Interest for Appellant Siemon Company. Service: 12/21/2021 by email. [820337] [22-1228] [Michael Rye] [Entered: 12/21/2021 03:47 PM]
December 21, 2021 Filing 13 Entry of appearance for Michael J. Rye; Nicholas A. Geiger as counsel for Appellant Siemon Company. Service: 12/21/2021 by email. [820335] [22-1228] [Michael Rye] [Entered: 12/21/2021 03:45 PM]
December 21, 2021 Filing 12 Docketing Statement for the Appellant Panduit Corp.. Service: 12/21/2021 by email. [820332] [22-1228] [Kelly Eberspecher] [Entered: 12/21/2021 03:40 PM]
December 21, 2021 Filing 11 Certificate of Interest for Appellant Panduit Corp.. Service: 12/21/2021 by email. [820330] [22-1228] [Kelly Eberspecher] [Entered: 12/21/2021 03:38 PM]
December 21, 2021 Filing 10 Entry of appearance for Kelly J. Eberspecher; Daniel S. Stringfield; Brian Johnson; Katherine D. Cappaert; Christopher A. Suarez; Anna Targowska as counsel for Appellant Panduit Corp.. Service: 12/21/2021 by email. [820329] [22-1228] [Kelly Eberspecher] [Entered: 12/21/2021 03:36 PM]
December 21, 2021 Filing 9 Docketing Statement for the Appellant FS.com Inc.. Service: 12/21/2021 by email. [820315] [22-1228] [George Summerfield] [Entered: 12/21/2021 03:03 PM]
December 21, 2021 Filing 8 Certificate of Interest for Appellant FS.com Inc.. Service: 12/21/2021 by email. [820313] [22-1228] [George Summerfield] [Entered: 12/21/2021 03:01 PM]
December 21, 2021 Filing 7 Entry of appearance for George C. Summerfield as counsel for Appellant FS.com Inc.. Service: 12/21/2021 by email. [820311] [22-1228] [George Summerfield] [Entered: 12/21/2021 02:59 PM]
December 17, 2021 Filing 6 Certificate of Interest for Corning Optical Communications, LLC. Service: 12/17/2021 by email. [819698] [22-1228] [John Thorne] [Entered: 12/17/2021 07:03 PM]
December 17, 2021 Filing 5 MOTION of Corning Optical Communications, LLC for leave to intervene. Service: 12/17/2021 by email. [819697] [22-1228] [John Thorne] [Entered: 12/17/2021 07:00 PM]
December 17, 2021 Filing 4 Entry of appearance for John Thorne; Gregory G. Rapawy; Evan T. Leo; Andrew E. Goldsmith; Hannah D. Carlin as counsel for Corning Optical Communications, LLC. Service: 12/17/2021 by email. [819691] [22-1228] This document is non-compliant. See Doc No. [ # 17 ] [John Thorne] [Entered: 12/17/2021 06:27 PM]
December 17, 2021 Filing 3 Docketing Statement for the Appellee ITC. Service: 12/17/2021 by email. [819508] [22-1228] [Cathy Chen] [Entered: 12/17/2021 11:12 AM]
December 10, 2021 Filing 2 Entry of appearance for Cathy Chen; Wayne W. Herrington as counsel for Appellee ITC. Service: 12/10/2021 by email. [817681] [22-1228] [Cathy Chen] [Entered: 12/10/2021 10:36 AM]
December 7, 2021 Filing 1 Appeal docketed. Received: 11/29/2021. [816735] Entry of Appearance due 12/21/2021. Certificate of Interest is due on 12/21/2021. Docketing Statement due 01/06/2022. Certified List due on 01/18/2022. [KMH] [Entered: 12/07/2021 11:00 AM]

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Search for this case: FS.com Inc. v. ITC
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Appellant: PANDUIT CORP.
Represented By: Kelly J. Eberspecher
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Appellant: FS.COM INC.
Represented By: George C. Summerfield Jr.
Represented By: Darlene Ghavimi
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Appellant: THE SIEMON COMPANY
Represented By: Michael J. Rye Esq.
Represented By: Nicholas Geiger
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Appellee: INTERNATIONAL TRADE COMMISSION
Represented By: Assistant General Counsel, International Trade Commission
Represented By: Cathy Chen
Represented By: Wayne W. Herrington
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Intervenor: CORNING OPTICAL COMMUNICATIONS LLC
Represented By: John Thorne
Represented By: Hannah Carlin
Represented By: Donald Chanslor Gallenstein
Represented By: Andrew Goldsmith
Represented By: Evan Todd Leo Esq.
Represented By: Gregory G. Rapawy
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Amicus curiae: DIVERSIFIED MATERIAL SPECIALISTS, INC.
Represented By: Nicholas R. Grennan
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