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APPLIKON BIOTECHNOLOGY, INC. v. U.S.

Slip Op. 12-44. Court No. 07-00364.

828 F.Supp.2d 1358 (2012)

APPLIKON BIOTECHNOLOGY, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 28, 2012.

Attorney(s) appearing for the Case

Carl D. Cammarata, Law Offices of George R. Tuttle, A.P.C., of San Francisco, CA, argued for plaintiff.

Beverly A. Farrell, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, argued for the defendant. With her on the brief were Tony West, Assistant Attorney General, and Barbara S. Williams, Attorney-In-Charge.

OPINION AND ORDER

MUSGRAVE, Senior Judge:

Defendant United States challenges this court's decision in Applikon Biotechnology, Inc. v. United States, 807 F.Supp.2d 1323 (C.I.T.2011) ("Applikon I"), familiarity with which is presumed. Defendant moves for rehearing, modification and/or reconsideration to correct "clear error" in the court's decision. According to the government, the decision must be modified...

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