DEERE & CO. v. INTERNATIONAL TRADE COM'N

No. 2009-1016.

605 F.3d 1350 (2010)

DEERE & COMPANY, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Bourdeau Brothers, Inc., OK Enterprises, and Sunova Implement Co., Intervenors.

United States Court of Appeals, Federal Circuit.

May 26, 2010.


Attorney(s) appearing for the Case

S. Lloyd Smith, Buchanan Ingersoll & Rooney PC, of Alexandria, Virginia, argued for appellant. With him on the brief were Bassam N. Ibrahim and Bryce J. Maynard.

Michelle Walters Klancnik, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. on the brief were James M. Lyons, General Counsel, and Mark B. Rees, Attorney. Of counsel was Wayne W. Herrington.

David P. Miranda, Heslin Rothenberg Farley & Mesiti, PC, of Albany, New York, argued for intervenors. With him on the brief were Nicholas Mesiti and Brett M. Hutton.

Opinion for the court filed by Circuit Judge LOURIE, in which Chief Judge MICHEL joins. Opinion concurring in the remand, dissenting in part filed by Circuit Judge NEWMAN.


LOURIE, Circuit Judge.

Deere & Company ("Deere") appeals from the judgment of the United States International Trade Commission, which determined that the sales of European-version self-propelled John Deere forage harvesters in the United States by Intervenors Bourdeau Brothers, Inc., OK Enterprises, and Sunova Implement Co. (collectively, "Bourdeau") did not violate § 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337. The Commission based its...

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