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EATON CORP. v. U.S.

Slip Op. 05-121, Court No. 05-00487.

395 F.Supp.2d 1314 (2005)

EATON CORPORATION, Plaintiff, v. THE UNITED STATES OF AMERICA; Department of Homeland Security, United States Customs and Border Protection; and United States International Trade Commission, Defendants.

United States Court of International Trade.

September 9, 2005.

Attorney(s) appearing for the Case

Miller & Chevalier Chartered, Washington, DC (Sturgis M. Sobin, Joel W. Rogers, Charles F.B. McAleer, Jr. and Daniel P. Wendt) for the plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Mikki Graves Walser and Marcella Powell); and Office of Assistant Chief Counsel, U.S. Bureau of Customs and Border Protection (Michael W. Heydrich), for defendants United States of America and Department of Homeland Security, U.S. Customs and Border Protection, of counsel.

James M. Lyons, General Counsel, and Andrea C. Casson and Michael Diehl for defendant U.S. International Trade Commission.

Neville Peterson LLP, New York City (John M. Peterson, George W. Thompson and Curtis W. Knauss) and White & Case LLP (Lyle B. Vander Schaaf) for proposed intervenor-defendant ArvinMeritor, Inc.

Opinion & Order

AQUILINO, Senior Judge.

This case for judicial review of alleged lack of enforcement by U.S. Customs and Border Protection ("CBP") of the right(s) of the plaintiff U.S. patent holder was commenced by the filing on August 19, 2005 of a summons, complaint, application for a temporary restraining order and preliminary injunction, and application for an immediate order to show cause in connection therewith. That secondary application...

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