NEC CORP. v. DEPARTMENT OF COMMERCE

Slip Op. 98-164. Court No. 97-11-01967.

36 F.Supp.2d 380 (1998)

NEC CORPORATION and HSNX Supercomputers, Inc., and Fujitsu Limited and Fujitsu America, Inc., Plaintiffs, v. DEPARTMENT OF COMMERCE & U.S. International Trade Commission, Defendants, Cray Research, Inc., Defendant-Intervenor.

United States Court of International Trade.

December 15, 1998.


Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld, L.L.P. (Warren E. Connelly and James E. Mendenhall) for Plaintiffs Fujitsu Limited and Fujitsu America, Inc.

Paul, Weiss, Rifkind, Wharton & Garrison (Robert E. Montgomery, Jr., Terence J. Fortune, Robert P. Parker, David J. Weiler, and Swati Agrawal) for Plaintiffs NEC Corporation and HNSX Supercomputers Inc.

Lyn M. Schlitt, General Counsel; James A. Toupin, Deputy General Counsel; Cynthia P. Johnson, Office of the General Counsel, U.S. International Trade Commission, Counsel for Defendant.

Wilmer, Cutler & Pickering (John D. Greenwald, Ronald I. Meltzer, Juan Millan) for Defendant-Intervenor Cray Research, Inc.


OPINION

POGUE, Judge.

This action is before the Court on the motions of Plaintiff Fujitsu Limited and Fujitsu America ("Fujitsu"), Inc., and NEC Corporation and HNSX Supercomputers Inc. ("NEC"), ("collectively Plaintiffs") for judgment on the agency record pursuant to USCIT Rule 56.2. The Plaintiffs, respondents in the underlying investigation, filed separate actions challenging certain aspects of the...

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