CAFC-Appointed Amicus, US to Spar on Amicus' Access to BPI in Appeal on ITC Case
The U.S. Court of Appeals for the Federal Circuit stayed the deadline for court-appointed amicus curiae Andrew Dhuey to submit his amicus brief in a case on the International Trade Commission's treatment of business proprietary information amid a spat over whether Dhuey can access all confidential filings in the appeal's docket. Dhuey submitted a motion seeking access to all confidential information in the case, which the government said it will oppose (In Re United States, Fed. Cir. # 24-1566).
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The appeal concerns Court of International Trade Judge Stephen Vaden's refusal to redact certain business proprietary information in his 2023 decision on an antidumping and countervailing duty injury case. The judge found that all the information alleged to be proprietary either hadn't been properly bracketed by the ITC during the trial or was publicly available (see 2401090046). The case has drawn great interest on appeal, prompting amicus briefs from the ITC Trial Lawyers Association (see 2410090048) and the Customs and International Trade Bar Association (see 2410080055).
Dhuey, a patent attorney, asked the Federal Circuit if the court would appoint him as amicus to defend Vaden's decision, seeing as none of the current parties in the case were going to (see 2501300011). The court obliged, appointing him "in support" of Vadne's decision (see 2502200017).