GERSON CO. v. U.S.

2018-1011.

898 F.3d 1232 (2018)

The GERSON COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 6, 2018.


Attorney(s) appearing for the Case

RALPH H. SHEPPARD , Meeks, Sheppard, Leo & Pillsbury, Fairfield, CT, argued for plaintiff-appellant.

HARDEEP KAUR JOSAN , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellee. Also represented by AMY RUBIN , JEANNE DAVIDSON , CHAD A. READLER.

JOHN MICHAEL PETERSON , Neville Peterson LLP, New York, NY, for amici curiae Target General Merchandise Inc., Accent-Fairchild Group Inc., All Season Imports, Inc., American Lighting Inc., The Gordon Companies, Inc., Illumination International LLC, Imagine Nation Books, Ltd., Lamrite West Inc., LED Power Inc., Precision Lighting & Transformer, Inc., RDA Lighting Inc., Service Lighting & Electrical Supplies, Inc., US LED, Ltd. Also represented by RICHARD F. O'NEILL , RUSSELL ANDREW SEMMEL.

Before Lourie, O'Malley, and Chen, Circuit Judges.


The Gerson Company appeals a decision of the United States Court of International Trade ("Trade Court") granting summary judgment in favor of the government. See Gerson Co. v. United States, 254 F.Supp.3d 1271 (Ct. Int'l Trade 2017). In that decision, the court classified Gerson's imported light-emitting diode ("LED...

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