WIRTGEN AMERICA, INC. v. U.S.

Slip Op. 20-70 Court No. 20-00027.

447 F.Supp.3d 1359 (2020)

WIRTGEN AMERICA, INC., Plaintiff, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

May 18, 2020.


Attorney(s) appearing for the Case

Daniel E. Yonan , Dallin G. Glenn , Michael E. Joffre , Donald R. Banowit , and Kristina C. Kelly , Sterne, Kessler, Goldstein & Fox, PLLC, of Washington, D.C., and Ryan D. Levy , Patterson Intellectual Property Law, P.C., of Nashville, TN argued for Plaintiff Wirtgen America, Inc. Seth R. Ogden also appeared.

Guy R. Eddon , Trial Attorney, Edward F. Kenny and Marcella Powell , Senior Trial Counsel, 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 and Acting Secretary Chad F. Wolf; and U.S. Customs and Border Protection, Acting Commissioner Mark A. Morgan, Director of Machinery Center of Excellence and Expertise Juan J. Porras, and Chief of the Intellectual Property Rights and Restricted Merchandise Branch of the Office of Trade Charles R. Steuart. With them on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, Patricia M. McCarthy and Justin R. Miller , Assistant Directors, and Jason Kenner , Senior Trial Counsel. Aimee Lee also appeared.


OPINION

This action concerns road-milling machines that were redesigned to avoid infringing upon a registered patent. Plaintiff Wirtgen America, Inc. ("Plaintiff" or "Wirtgen") commenced this action to obtain judicial review of a decision by U.S.

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