SKF USA, INC. v. U.S. CUSTOMS AND BORDER PROTECT.

Nos. 2008-1005, 2008-1006, 2008-1007, 2008-1008.

583 F.3d 1340 (2009)

SKF USA, INC., Plaintiff-Cross Appellant, v. UNITED STATES CUSTOMS AND BORDER PROTECTION, Defendant-Appellant, and United States International Trade Commission, Defendant-Appellant, and Timken U.S. Corporation, Defendant-Appellant, and United States, Robert C. Bonner, Commissioner, United States Customs and Border Protection, And Daniel R. Pearson, Chairman, United States International Trade Commission, Defendants.

United States Court of Appeals, Federal Circuit.

September 29, 2009.


Attorney(s) appearing for the Case

Herbert C. Shelley, Steptoe & Johnson LLP, of Washington, DC, filed a petition for rehearing en banc for plaintiff-cross appellant. With him on the petition were Alice A. Kipel, Shannen W. Coffin, and Susan R. Gihring.

Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a response to the petition for defendant-appellant United States Customs and Border Protection. With him on the response were Michael F. Hertz, Deputy Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the response was Andrew G. Jones, Office of Assistant Chief Counsel, United States Customs and Border Protection, of Indianapolis, IN.

Patrick V. Gallagher, Jr., Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, filed a response to the petition for defendant-appellant United States International Trade Commission. With him on the response were James M. Lyons, General Counsel, and Neal J. Reynolds, Assistant General Counsel for Litigation.

Terence P. Stewart, Stewart and Stewart, of Washington, DC, filed a response to the petition for defendant-appellant Timken U.S. Corporation. With him on the response were Amy S. Dwyer and Patrick J. McDonough. Of counsel on the response was Professor Douglas W. Kmiec, Pepperdine University School of Law, of Malibu, CA.

Michael T. Shor, Arnold & Porter LLP, of Washington, DC, for amicus curiae Giorgio Foods, Inc.

William E. Brown, of Knoxville, TN, for amicus curiae PS Chez Sidney LLC.

John M. Gurley, Arent Fox LLP, of Washington, DC, for amicus curiae Koyo Corporation of U.S.A. With him on the brief was Nancy A. Noonan.

Matthew P. Jaffe, Crowell & Moring LLP, of Washington, DC, for amicus curiae NSK Corporation. With him on the brief were Robert A. Lipstein, Jennifer N. Waters and R. Elizabeth Abraham.

Joseph W. Dorn, King & Spalding LLP, of Washington, DC, for amici curiae American Furniture Manufacturers Committee for Legal Trade and Micron Technology, Inc. With him on the brief were Gilbert B. Kaplan and Jeffrey M. Telep. Of counsel on the brief was Richard H. Fallon, of Cambridge, MA.

Before MICHEL, Chief Judge, NEWMAN, MAYER, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges, and STEARNS, District Judge.


ORDER

PER CURIAM.

A petition for rehearing en banc was filed by the Cross Appellant, and a response thereto was invited by the court and filed by the Appellants. The court granted the motions of Giorgio Foods, Inc. and PS Chez Sidney LLC, Koyo Corporation of U.S.A., NSK Corporation, and American Furniture Manufacturers Committee for Legal Trade and Micron Technology, Inc. for leave to file briefs as amici curiae. The petition for rehearing was referred...

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