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CYBER POWER SYSTEMS (USA) INC. v. UNITED STATES

Slip Op. 22-85 Court No. 21-00200.

586 F.Supp.3d 1325 (2022)

CYBER POWER SYSTEMS (USA) INC., Plaintiff, v. UNITED STATES, Defendant. United States, Counterclaimant, v. Cyber Power Systems (USA) Inc., Counterclaim Defendant.

United States Court of International Trade.

July 20, 2022.

Attorney(s) appearing for the Case

John M. Peterson and Richard F. O'Neill, Neville Peterson, LLP, of New York, NY, and Patrick B. Klein, Neville Peterson, LLP, of Seattle, WA, argued for plaintiff Cyber Power Systems (USA) Inc.

Beverly A. Farrell, Senior Trial Attorney, and Elisa S. Solomon, Trial Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, of New York, NY, argued for defendant United States. Also on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, and Justin R. Miller, Attorney-in-Charge, International Trade Field Office.

OPINION AND ORDER

Before the court is Plaintiff/Counterclaim Defendant Cyber Power Systems (USA) Inc.'s ("Cyber Power") motion to dismiss Defendant/Counterclaimant United States' ("Defendant") counterclaim. Pl.'s Mot. to Dismiss Def.'s Countercl., Jan. 11, 2022, ECF No. 17 ("Pl. Mot."); see...

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