Huawei's Song Liuping said the law explicitly bans Huawei by name despite "no evidence" of a security risk and bans third-party contractors who buy from Huawei even when there's no link to the US government.

The company also pre-emptively tried to dismiss claims that there are facts up for dispute. This is a simple "matter of law", according to lead counsel Glen Nager.

A hearing on the motion is due September 19. Even if it wins it will not get Huawei off the Commerce Department's Entities List, which forced US companies to stop doing business with the Chinese firm.

It could also push the US to provide evidence to support the measure.