Jazz Photo Corp. v. United States

OPINION AND ORDER

STANCEU, Judge.

Before the court is the application of Jazz Photo Corporation (“Jazz” or “plaintiff’) for attorneys’ fees and other expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (2000). The court conditionally grants the application in part because the positions that the United States (“defendant”) took before the United States Court of Appeals for the Federal Circuit on two of the issues in the litigation — the issue of permissible repair and the issue of segregation of merchandise — were not substantially justified.

I. BACKGROUND

The subject EAJA…