Sealed Air Corp. v. U.S. International Trade Commission

Nies, J.,

with whom Baldwin, J. joins, concurring with respect to Appeal No. 79-35 and dissenting with respect to Appeal No. 80-4.

By affirming that the Tong Seae process would not, if practiced in the United States, infringe U.S. Patent No. 3,416,984 owned by the complainant Sealed Air, this court has no alternative but to vacate the order below and remand for the ITC’s determination of violation of 19 U.S.C. 1337 based on the evidence with respect to the processes of others. An exclusion order must be supported by factual findings based on reliable, probative, and substantial evidence (5…