L. James D’Agostino, Greenberg Traurig, LLP, of McLean, VA, argued for plaintiff-appellant. With him on the brief was Joseph J. Summerill, IV, of Washington, DC. Of counsel was David P. Goodwin, of Washington, DC., Gregg MJ. Schwind, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendantappellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director.

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