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ONE WORLD TECHNOLOGIES, INC. v. U.S.

Slip Op. 18-173 Court No. 18-00200.

357 F.Supp.3d 1278 (2018)

ONE WORLD TECHNOLOGIES, INC., Plaintiff, v. UNITED STATES, United States Department of Homeland Security, United States Customs and Border Protection, and Acting Commissioner Kevin K. McAleenan, Defendants.

United States Court of International Trade.

Dated: December 14, 2018.

Attorney(s) appearing for the Case

Stephen E. Ruscus , Jason C. White , and Michael J. Abernathy , Morgan, Lewis & Bockius, LLP, of Washington, D.C. and Chicago, IL, argued for Plaintiff One World Technologies, Inc.

Guy R. Eddon and Edward F. Kenny , Trial Attorneys, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., argued for Defendants United States, U.S. Department of Homeland Security, U.S. Customs and Border Protection, and Acting Commissioner Kevin K. McAleenan. With them on the brief were Joseph H. Hunt , Assistant Attorney General, and Amy M. Rubin , Assistant Director. Of counsel were Michael Heydrich and Christopher Bullard , Office of Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection.

OPINION

This action concerns garage door openers that were redesigned to avoid infringing a registered patent. Plaintiff One World Technologies, Inc. ("Plaintiff" or "One World") commenced this action to obtain judicial review of a decision by U.S. Customs and Border Protection ("Customs") excluding an entry of One...

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