CAFC Appoints Patent Attorney to Defend CIT's Rejection of Redaction Request in Injury Case
The U.S. Court of Appeals for the Federal Circuit on Feb. 20 allowed patent attorney Andrew Dhuey to appear as amicus curiae to defend Court of International Trade Judge Stephen Vaden's decision rejecting an unopposed motion to redact certain confidential information from the merits decision on an antidumping duty and countervailing duty injury determination. CAFC Judge Leonard Stark took up Dhuey on his offer, appointing him "in support" of the trade court's decision (In Re United States, Fed. Cir. # 24-1566).
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Stark told Dhuey to file his brief no later than 40 days from the date of the order.
Vaden refused to redact certain business proprietary information in his December 2023 decision, finding that all the information alleged to be proprietary either hadn't been properly bracketed by the International Trade Commission during the trial or was publicly available (see 2401090046). The case has sparked great interest on appeal, drawing amicus briefs from the ITC Trial Lawyers Association (see 2410090048) and the Customs and International Trade Bar Association (see 2410080055).
In asking to join as an amicus, Dhuey said that "it appears that no party has or will defend Judge Vaden's decision before this Court" (see 2501300011). The attorney, who works in California as a sole practitioner, said it "would be in the public's interest" to have someone defend the trade court's ruling.