United States Federal Circuit

The International Trade Commission correctly concluded that section 337 of the Tariff Act had not been violated by defendants' importation of ball bearings since plaintiff did not establish a material difference between its products and those of the defendants.

Appellate Information

• Decided 09/14/2005
• Published 09/14/2005

Judges

• LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Herbert C. Shelley, Steptoe & Johnson LLP, of Washington, DC, argued for appellant.   With him on the brief was Alice A. Kipel.   Of counsel was Jamie B. Beaber., Steuart H. Thomsen, Sutherland Asbill & Brennan LLP, of Washington, DC, argued for intervenors Bearings Limited and McGuire Bearing Company.   Of counsel on the brief for Bearings Limited were Patricia B. Cunningham and Candice C. Decaire, of Atlanta, Georgia.  Lyle B. Vander Schaaf, White & Case, LLP, of Washington, DC, for intervenor McGuire Bearing Company.   Of counsel was Frank H. Morgan.


• For Appellees:
  
• Wayne W. Herrington, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee.   With him on the brief was James M. Lyons, General Counsel.