82 FR 60763 - Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 245 (December 22, 2017)

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (``section 337''), as amended, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain L-tryptophan and L-tryptophan products that infringe claim 10 of U.S. Patent No. 6,180,373 (``the '373 patent'') or claim 20 of U.S. Patent No. 7,666,655 (``the '655 patent''). The Commission has also issued a cease and desist order directed to the domestic respondent. The investigation is terminated.

[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60763-60764]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27567]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1005]


Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of 
Production; Commission Final Determination Finding a Section 337 
Violation; Issuance of a Limited Exclusion Order and Cease and Desist 
Order; Termination of the Investigation

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 found a violation of section 337 of the Tariff Act of 
1930 (``section 337''), as amended, in this investigation. The 
Commission has issued a limited exclusion order prohibiting the 
importation of certain L-tryptophan and L-tryptophan products that 
infringe claim 10 of U.S. Patent No. 6,180,373 (``the '373 patent'') or 
claim 20 of U.S. Patent No. 7,666,655 (``the '655 patent''). The 
Commission has also issued a cease and desist order directed to the 
domestic respondent. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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: The Commission instituted Investigation No. 
337-TA-1005 on June 14, 2016, based on a complaint filed by 
Complainants Ajinomoto Co., Inc. of Tokyo, Japan and Ajinomoto 
Heartland Inc. of Chicago, Illinois (collectively, ``Ajinomoto'' or 
``Complainants''). See 81 FR 38735-6 (June 14, 2016). The complaint, as 
supplemented, alleges 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 the '655 patent and the '373 patent (collectively, 
``the asserted patents''). Id. The notice of investigation identified 
CJ CheilJedang Corp. of Seoul, Republic of Korea; CJ America, Inc. 
(``CJ America'') of Downers Grove, Illinois; and PT CheilJedang 
Indonesia of Jakarta, Indonesia (collectively ``CJ'' or 
``Respondents'') as respondents in this investigation. See id. The 
Office of Unfair Import Investigations is not a party to the 
investigation.
    On April 17, 2017, the ALJ issued an initial determination (``ID'') 
granting Complainants' unopposed motion for summary determination that 
they satisfy the economic prong of the domestic industry requirement 
under 19 U.S.C. 1337(a)(3)(A) and (B) for both asserted patents. See 
Order No. 18, unreviewed, Comm'n Notice (May 17, 2017).
    On August 11, 2017, the ALJ issued his final initial determination 
(``FID'') finding no violation of section 337. Specifically, the FID 
finds that: (1) Respondents' accused products do not infringe the 
asserted claims of the '373 or the '655 patents either literally or 
under the doctrine of equivalents; (2) claim 10 of the '373 patent is 
invalid for indefiniteness and lack of written description; (3) claim 
20 of the '655 patent is invalid for lack of written description; and 
(4) Complainants' products do not satisfy the technical prong of the 
domestic industry requirement with respect to the '655 or the '373 
patents. In addition, the ALJ issued a Recommended Determination 
(``RD'') recommending, should the Commission find a section 337 
violation, that the Commission issue: (1) A limited exclusion order 
against Respondents' accused products; and (2) a cease and desist order 
against Respondent CJ America. The RD further recommends no bond during 
the Presidential review period.
    On August 14, 2017, the Commission issued a Notice requesting 
written submissions on the public interest. See 82 FR 39456-57 (Aug. 
18, 2017). On September 20, 2017, Respondents filed a written 
submission in response to the Commission's August 14, 2017 Notice. No 
other submissions were received.
    On October 12, 2017, the Commission issued a Notice determining to 
review the FID in its entirety. See 82 FR 48528-29 (Oct. 18, 2017). The 
October 12, 2017 Notice requested briefing in response to certain 
questions relating to the FID's finding of no section 337 violation. 
See id. In addition, the October 12, 2017 Notice solicited written 
submissions on issues of remedy, the public interest, and bonding. See 
id. On October 27, 2017, the parties filed written submissions in 
response to the October 12, 2017 Notice, and on November 3, 2017, the 
parties filed responses to each other's submissions.
    Having examined the record of this investigation, including the 
FID, the RD, and the parties' submissions, the Commission has 
determined to:
    (1) Reverse the FID's finding that the accused products do not 
infringe claim 10 of the '373 patent;
    (2) reverse the FID's finding that the domestic industry 
requirement is not satisfied for the '373 patent.
    (3) Reverse the FID's finding that claim 10 of the '373 patent is 
invalid under 35 U.S.C. 112, second paragraph, for indefiniteness;
    (4) reverse the FID's finding that claim 10 of the '373 patent is 
invalid under 35 U.S.C. 112, first paragraph, for lack of written 
description;
    (5) affirm the FID's finding that claim 10 of the '373 patent is 
not invalid under 35 U.S.C. 112, first paragraph, for lack of 
enablement;
    (6) affirm the FID's finding that claim 10 of the '373 patent is 
not invalid under 35 U.S.C. 103 for obviousness;
    (7) affirm in part and reverse in part the FID's finding that the 
accused products do not infringe claim 20 of the '655 patent;
    (8) reverse the FID's finding that the domestic industry 
requirement is not satisfied for the '655 patent.
    (9) Affirm the FID's finding that claim 20 of the '655 patent is 
not invalid under 35 U.S.C. 112, second paragraph, for indefiniteness.
    (10) Reverse the FID's finding that claim 20 of the '655 patent is 
invalid under 35 U.S.C. 112, first paragraph, for lack of written 
description; and
    (11) affirm all other findings in the FID that are not inconsistent 
with the Commission's determination.

[[Page 60764]]

    Accordingly, the Commission finds that there is a violation of 
section 337 with respect to both asserted patents. The Commission has 
determined the appropriate remedy is a limited exclusion order against 
Respondents' accused products, and a cease and desist order against 
Respondent CJ America. The Commission has also determined that the 
public interest factors enumerated in subsections 337(d)(l) and (f)(1) 
(19 U.S.C. 1337(d)(l), (f)(1)) do not preclude issuance of the limited 
exclusion order and cease and desist order. The Commission has further 
determined to set a bond at zero (0) percent of entered value during 
the Presidential review period (19 U.S.C. 1337(j)).
    The Commission's orders and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance.
    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: December 18, 2017.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27567 Filed 12-21-17; 8:45 am]
 BILLING CODE 7020-02-P