United States v. an Undetermined Number Of

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this case, claimant Clinical Reference Laboratory (CRL) prevailed before the Tenth Circuit on its contention that the specimen containers used by it to test for the Human Immunodeficiency Virus Type-1 (HIV-1) were not class III devices requiring premarket approval under the Federal Food, Drug, and Cosmetic Act (FDCA). This matter is presently before the Court on CRL’s motion under the Equal Access to Justice Act (EAJA) for attorneys’ fees and reimbursement of expenses (Doc. # 73). Because this Court believes that the government’s position was…