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Senate Confirms Patent Litigator to Federal Circuit
July 20, 2021 |Penalties and Courts

Tiffany Cunningham, partner and patent litigator at Perkins Coie, was confirmed by a Senate vote of 63-33 July 19 as circuit judge on the U.S. Court of Appeals for the Federal Circuit (see 2103300044). Cunningham will be the first Black judge in that court's history. At Perkins Coie, Cunningham is a partner in the firm's Intellectual Property practice and Patent Litigation subgroup in the Chicago office. "Tiffany is a superb and accomplished lawyer who is highly respected and regarded within and outside Perkins Coie," managing partner Bill Malley said in a press release. "We congratulate her on her groundbreaking appointment to the U.S. Court of Appeals for the Federal Circuit. We greatly appreciate all of Tiffany’s leadership and many contributions to the firm and our clients and wish her well on the next exciting chapter of her career."

CIT Drops CBP Redelivery Notice Challenge for Lack of Jurisdiction
July 20, 2021 by Jacob Kopnick|Penalties and Courts

A spice company's challenge to a $50,000 penalty for failing to export a shipment of tamarind from Mexico was dismissed from the Court of International Trade for a lack of subject matter jurisdiction, Judge Timothy Stanceu said in a July 19 opinion. CIT found that the case was untimely filed in the court and that the complaint is over a Food and Drug Administration decision merely carried out by CBP.

Topics:Court of International Trade
Federal Circuit Dismisses Country of Origin Challenge Due to Lack of Jurisdiction
July 14, 2021 by Jacob Kopnick|Penalties and Courts

The U.S. Court of Appeals for the Federal Circuit upheld a Court of International Trade ruling dismissing an importer's challenge of CBP's assessment of antidumping and countervailing duties, for improper jurisdiction, in a July 14 opinion. The Federal Circuit found that TR International Trading Company, which filed its case under the trade court's Section 1581(i) "residual" jurisdiction provision, could have instead challenged a denied protest under 1581(a) or a scope ruling under 1581(c), rendering Section 1581(i) unavailable.

Topics:Court of International Trade
CAFC Affirms Sans Opinion High Tariff Rate for Trousers Made From Non-Metallized Yarn With Metal
June 16, 2021 by Brian Feito|Penalties and Courts

The U.S. Court of Appeals for the Federal Circuit on June 15 affirmed without opinion a lower court ruling that found women’s trousers made of a yarn extruded from a slurry that contained zinc nanoparticles are not classifiable in the tariff schedule as if they were made from metallized yarn. The appeals court’s Rule 36 judgment follows oral argument held Oct. 10 in the case, appealed by Lockhart Textiles. The decision is non-precedential, and contains no explanation.

Topics:Customs duty