U.S. filed motion in federal court to reject Huawei’s lawsuit


    The U.S. government filed a motion for the dismissal of a lawsuit filed by the Chinese telecommunication giant Huawei Technologies Co Ltd claiming that the action of the United States of blacklisting Huawei’s products was not legal.

    In early March, Huawei sued the U.S. government in complaint filed in federal court in Texas, claiming that a law restricting company’s business in America was unconstitutional.

    Huawei has been a major element of the escalating trade war between the United States and China that has overshadowed financial markets. But in last month at Group of 20 summit, remarks of President Donald Trump after meeting with Chinese President Xi Jinping, came to surprise of many when he said that U.S. is agreed to loosen the restrictions imposed on Huawei.

    From both the countries, top representatives are organizing to restart the talks in next week, according to Trump administration officials.

    In last week on Wednesday, U.S. government clarified that as the company is still on the Entity List, so there will remain the requirement to obtain license from the government if the U.S. companies want to sell products to Huawei, which will be reviewed under the highest national security scrutiny.

    The motion filed by the government was in the same court of U.S. District Court for the Eastern District of Texas, where the original complaint, also known as “motion for summary judgement” in legal terms, was filed by Huawei requesting the court to rule in favor of it as a matter of law. Huawei’s stance is that the case raises the questions about the law, whether the NDAA or the U.S. Constitution, and said that at this stage of the case there isn’t any dispute over facts.

    Hearing of the case has been scheduled for Sept. 19 by the Eastern District of Texas court, but it could take the court several months before coming to a decision on Huawei’s motion.

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    I cover technology, utilities and biotechnology for Markets Morning, and I help out occasionally with other industry sectors. I've written about investment and personal finance topics for more than 20 years from a lowly copywriter to editor-in-chief, so I've done a little bit of everything. For what it's worth, I have a BA from Duke University and an MBA from Rollins College. I'm married with one daughter, and that's worth more than everything else put together.