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JANSSEN ORTHO, LLC v. UNITED STATES

2020-1663.

995 F.3d 981 (2021)

JANSSEN ORTHO, LLC, Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Public Opinion Issued: April 26, 2021.

Attorney(s) appearing for the Case

Gregory Diskant , Patterson Belknap Webb & Tyler LLP, New York, NY, argued for plaintiff-appellee. Also represented by Andrew D. Cohen , Daniel M. Eisenberg , Emma Ellman-Golan , Joshua A. Kipnees , Amy Vegari ; Lars-Erik Arthur Hjelm , Akin Gump Strauss Hauer & Feld LLP, Washington, DC.

Guy Eddon , International Trade Field Office, United States Department of Justice, New York, NY, argued for defendant-appellant. Also represented by Jeffrey B. Clark , Jeanne Davidson , Jason M. Kenner , Patricia M. McCarthy , Monica Perrette Triana ; Alexandra Khrebtukova , Office of Assistant Chief Counsel, United States Bureau of Customs and Border Protection, New York, NY.

Before Prost, Chief Judge, Mayer and Wallach, Circuit Judges.

Appellee, Janssen Ortho, LLC ("Janssen"), filed suit against Appellant, the United States ("the Government"), in the U.S. Court of International Trade ("CIT"), challenging U.S. Customs and Border Protection's ("Customs" or "CBP") classification of Janssen's darunavir ethanolate,...

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