FUNAI ELEC. CO., LTD. v. U.S.

Slip Op. 09-109. Court No. 09-00374.

645 F.Supp.2d 1351 (2009)

FUNAI ELECTRIC CO., LTD. and Funai Corporation, Inc., Plaintiffs, v. UNITED STATES and United States Bureau of Customs and Border Protection, Defendants.

United States Court of International Trade.

October 6, 2009.


Attorney(s) appearing for the Case

Morrison & Foerster LLP (Karl J. Kramer, Palo Alto, CA, G. Brian Busey and Teresa M. Summers, Washington, DC) and Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP (Harold M. Grunfeld, Robert B. Silverman and Frances P. Hadfield), New York City, for Plaintiffs.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Antonia R. Soares); and Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Amy M. Rubin); and Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection (Michael W. Heydrich), of counsel, for Defendants.

Jones Day (Eric S. Namrow, Washington, DC, Thomas V. Heyman, New York City, and Cecilia R. Dickson, Pittsburgh, PA), for proposed Intervenor-Defendants Vizio, Inc., AmTran Technology Co., Ltd. and AmTran Logistics, Inc.

O'Melveny & Myers LLP (Mark A. Samuels, Los Angeles, CA, and Jonathan D. Hacker, Washington, DC), for proposed Intervenor-Defendants TPV Technology, Ltd., TPV International (USA), Inc., Top Victory Electronics (Taiwan) Co., Ltd. and Envision Peripherals, Inc.

Bingham McCutchen LLP (James Hamilton, Robert C. Bertin, Warren A. Fitch, Washington, DC, and Diane C. Hertz, New York City), for proposed Intervenor-Defendant Tatung Co.


Opinion & Order

AQUILINO, Senior Judge.

Immediately upon the filing of plaintiffs' summons and complaint and applications for a temporary restraining order and preliminary injunction, the defendants and then would-be intervenor-defendants contested the Court of International Trade's subject-matter jurisdiction, supported by the filing of formal motions to dismiss this action for lack thereof. Hearings have been held, and the record developed and...

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