JANSSEN ORTHO LLC v. U.S.

Slip Op. 20-14, Court No. 13-00296.

425 F.Supp.3d 1352 (2020)

JANSSEN ORTHO LLC, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

As Amended February 19, 2020.


Attorney(s) appearing for the Case

Gregory L. Diskant , Amy N. Vegari , Andrew D. Cohen , Daniel M. Eisenberg , Emma Ellman-Golan , and Joshua A. Kipnees , Patterson Belknap Webb & Tyler LLP, of New York, N.Y., argued for Plaintiff Janssen Ortho LLC. Of counsel was Kathryn A. Meisel , Johnson & Johnson of New Brunswick, N.J., and Richard M. Belanger , Sidley Austin, LLP, of Washington, D.C. Irina Royzman and Sean H. Murray , Patterson Belknap Webb & Tyler LLP, of New York, N.Y., also appeared.

Monica P. Triana and Guy R. Eddon , Trial Attorneys, U.S. Department of Justice, of New York, N.Y., argued for Defendant United States. With them on the briefs were Joseph H. Hunt , Assistant Attorney General, Patricia M. McCarthy , Assistant Director, and Jason M. Kenner , Trial Attorney, Commercial Litigation Branch, U.S. Department of Justice, Civil Division, New York, N.Y. Of counsel was Alexandra Khrebtukova , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, N.Y.


OPINION

The court conducted a bench trial to determine whether darunavir ethanolate, a medicine for the treatment of the human immunodeficiency virus (HIV), should be classified as a pharmaceutical eligible for duty-free treatment when imported into the United States. Plaintiff Janssen Ortho LLC...

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