Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production; Notice of a Commission Determination Vacating the Portion the Final Determination Relating To United States Patent No. 6,180,373 and the Limited Exclusion Order Based Thereon
| Published date | 11 March 2020 |
| Citation | 85 FR 14244 |
| Record Number | 2020-04934 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 85 Issue 48 (Wednesday, March 11, 2020)
[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Page 14244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04934]
[[Page 14244]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1005 (Remand)]
Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of
Production; Notice of a Commission Determination Vacating the Portion
the Final Determination Relating To United States Patent No. 6,180,373
and the Limited Exclusion Order Based Thereon
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to vacate the portion of its final
determination relating to United States Patent No. 6,180,373 (``the
`373 patent'') and its limited exclusion order based thereon.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: On June 27, 2018, the United States Court of
Appeals for the Federal Circuit found that a portion of the
consolidated appeal in Ajinomoto Co., Inc. v. International Trade
Commission, Appeal Nos. 2018-1590, -1629, was moot by reason of the
expiration of the '373 patent and remanded the investigation to the
Commission to determine whether to vacate the portion of the underlying
final determination relating to the `373 patent.
The Federal Circuit appeal at issue stemmed from Certain L-
Tryptophan, L-Tryptophan Products, and Their Methods of Production,
Investigation No. 337-TA-1005. This investigation was instituted based
on a complaint filed by Complainants Ajinomoto Co., Inc. of Tokyo,
Japan and Ajinomoto Heartland Inc. of Chicago, Illinois (collectively,
``Complainants''). See 81 FR 38735-36 (June 14, 2016). The complaint,
as supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended (19 U.S.C. 1337), based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain L-tryptophan, L-tryptophan
products, and their methods of production by reason of infringement of
certain claims of U.S. Patent No. 7,666,655 (``the '655 patent'') and
U.S. Patent No. 6,180,373 (``the '373 patent''). See id. The notice of
investigation identified CJ CheilJedang Corp. of Seoul, Republic of
Korea, CJ America, Inc. of Downers Grove, Illinois, and PT CheilJedang
Indonesia of Jakarta, Indonesia (collectively, ``Respondents'') as
respondents in this investigation. See id. The Office of Unfair Import
Investigations was not a party to the investigation. See id.
On August 11, 2017, the Administrative Law Judge issued his final
initial determination finding no violation of section 337. On December
18, 2017, the Commission reversed and found a section 337 violation
with respect to both the '655 and the '373 patents. The '373 patent
expired on January 30, 2018.
On February 27, 2018, Respondents filed a notice of appeal of the
Commission's final determination with the Court of Appeals for the
Federal Circuit. Their appeal was consolidated with Complainant's
appeal filed on February 16, 2018. In addition, on May 25, 2018,
Respondents filed a corrected motion that sought partial dismissal of
the appeal with respect to the now-expired '373 patent, vacatur of the
related portions of the Commission's final determination, and remand to
the Commission with an instruction to dismiss the related portion of
the complaint. The Commission did not file a response to Respondents'
motion. On June 4, 2018, Complainants filed a response to Respondents'
motion and indicated that while it agreed to the partial dismissal of
the appeal, it objected to the vacatur of the portion of the
Commission's final determination.
On June 27, 2018, the Federal Circuit granted Respondents' motion
``to the extent that this matter is remanded for the limited purposes
of allowing the Commission to address whether to vacate its final
determinations relating to the '373 patent.'' Ajinomoto Co., Inc. v.
Int'l Trade Comm'n, Consolidated Appeal Nos. 18-1590, -1629, Order at 3
(ECF No. 38) (Fed. Cir. June 27, 2018). The Federal Circuit retained
jurisdiction over the remainder of the appeal, which it affirmed on
August 6, 2019. Ajinomoto Co., Inc. v. Int'l Trade Comm'n, 932 F.3d
1342 (Fed. Cir. 2019). A petition for writ of certiorari was filed with
the Supreme Court on February 24, 2020. CJ CheilJedang Corp. v. Int'l
Trade Comm'n, No. 19-1062 (filed Feb. 24, 2020).
The Commission has determined to vacate the portion of its final
determination relating to the '373 patent and its limited exclusion
order based thereon. The Commission's opinion is being issued
concurrently herewith. The Commission hereby terminates this
investigation.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: March 5, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-04934 Filed 3-10-20; 8:45 am]
BILLING CODE 7020-02-P
