This morning, the Federal Circuit released one precedential opinion and five nonprecedential orders. The lone nonprecedential opinion comes an appeal from a decision of the International Trade Commission. Of the nonprecedential orders, three transfer cases and two dismiss appeals. Here is the introduction to the opinion and links to the orders.
Realtek Semiconductor Corp. v. International Trade Commission (Precedential)
Realtek Semiconductor Corporation appeals from a United States International Trade Commission decision adopting an administrative law judge’s order denying a motion for sanctions against DivX, LLC. Realtek argues that the Commission violated the Administrative Procedure Act by failing to enter an order sua sponte for DivX to show cause explaining why it did not commit sanctionable conduct. We conclude that the Commission’s refusal to enter a show cause order sua sponte is within the agency’s discretion and therefore unreviewable. We thus dismiss Realtek’s appeal.