Tuesday, April 07, 2009

CAFC denies mandamus in Cypress Semiconductor

The bottom line from the CAFC: To decide the
question presented by this mandamus petition, we need only decide whether Cypress
has shown that the Commission clearly and indisputably erred in ruling that the
Commission may proceed with its investigation. We determine that Cypress has not
met its burden and thus deny the petition.

There were also issues of "which law" would be applied. Federal Circuit
law prevailed here.


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