MOTOROLA, INC. v. U.S.

No. 2007-1073.

509 F.3d 1368 (2007)

MOTOROLA, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 10, 2007.


Attorney(s) appearing for the Case

Michael E. Roll, Pisani & Roll, of Los Angeles, CA, argued for plaintiff-appellant. Of counsel on the brief was Mark S. Zolno, Katten Muchin Rosenman LLP, of Chicago, IL.

Amy M. Rubin, Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief were Barbara S. Williams, Attorney in Charge. Also on the brief were Peter D. Keisler, Acting Attorney General, and Jeanne E. Davidson, Director, of Washington, DC. Of counsel on the brief was Chi S. Choy, Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, NY.

Before LOURIE and LINN, Circuit Judges, and BUCKLO, District Judge.


BUCKLO, District Judge.

This is the second time this case has been here on appeal from the Court of International Trade. The issue is the appropriate tariff classification of various circuits imported by plaintiff Motorola, Inc. ("Motorola") and used in cellular phone battery packs. This court upheld the trial court's holdings on various issues in the first appeal but remanded for further proceedings on two issues. Motorola, Inc. v. United States,

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