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)

Page Range		60763-60764
FR Document		2017-27567

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 Issue 245 (Friday, December 22, 2017)

[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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices 60763

amended (19 U.S.C. 1337), and in contacting the Commission’s TDD recommends no bond during the
section 210.75 of the Commission’s terminal on (202) 205–1810. Presidential review period.
Rules of Practice and Procedure (19 CFR On August 14, 2017, the Commission
SUPPLEMENTARY INFORMATION: The issued a Notice requesting written
210.75).
Commission instituted Investigation No. submissions on the public interest. See
By order of the Commission. 337–TA–1005 on June 14, 2016, based
Issued: December 18, 2017. 82 FR 39456–57 (Aug. 18, 2017). On
on a complaint filed by Complainants September 20, 2017, Respondents filed
Lisa R. Barton, Ajinomoto Co., Inc. of Tokyo, Japan and a written submission in response to the
Secretary to the Commission. Ajinomoto Heartland Inc. of Chicago, Commission’s August 14, 2017 Notice.
[FR Doc. 2017–27568 Filed 12–21–17; 8:45 am] Illinois (collectively, ‘‘Ajinomoto’’ or No other submissions were received.
BILLING CODE 7020–02–P ‘‘Complainants’’). See 81 FR 38735–6 On October 12, 2017, the Commission
(June 14, 2016). The complaint, as issued a Notice determining to review
supplemented, alleges violations of the FID in its entirety. See 82 FR 48528–
INTERNATIONAL TRADE section 337 of the Tariff Act of 1930, as 29 (Oct. 18, 2017). The October 12, 2017
COMMISSION amended (19 U.S.C. 1337), based upon Notice requested briefing in response to
the importation into the United States, certain questions relating to the FID’s
[Investigation No. 337–TA–1005] the sale for importation, and the sale finding of no section 337 violation. See
within the United States after id. In addition, the October 12, 2017
Certain L-Tryptophan, L-Tryptophan importation of certain L-tryptophan, L- Notice solicited written submissions on
Products, and Their Methods of tryptophan products, and their methods issues of remedy, the public interest,
Production; Commission Final of production, by reason of infringement and bonding. See id. On October 27,
Determination Finding a Section 337 of certain claims of the ’655 patent and 2017, the parties filed written
Violation; Issuance of a Limited the ’373 patent (collectively, ‘‘the submissions in response to the October
Exclusion Order and Cease and Desist asserted patents’’). Id. The notice of 12, 2017 Notice, and on November 3,
Order; Termination of the Investigation investigation identified CJ CheilJedang 2017, the parties filed responses to each
Corp. of Seoul, Republic of Korea; CJ other’s submissions.
AGENCY: U.S. International Trade
America, Inc. (‘‘CJ America’’) of Having examined the record of this
Commission.
Downers Grove, Illinois; and PT investigation, including the FID, the RD,
ACTION: Notice. CheilJedang Indonesia of Jakarta, and the parties’ submissions, the
SUMMARY: Notice is hereby given that Indonesia (collectively ‘‘CJ’’ or Commission has determined to:
the U.S. International Trade ‘‘Respondents’’) as respondents in this (1) Reverse the FID’s finding that the
Commission has found a violation of investigation. See id. The Office of accused products do not infringe claim
section 337 of the Tariff Act of 1930 Unfair Import Investigations is not a 10 of the ’373 patent;
(‘‘section 337’’), as amended, in this party to the investigation. (2) reverse the FID’s finding that the
investigation. The Commission has On April 17, 2017, the ALJ issued an domestic industry requirement is not
issued a limited exclusion order initial determination (‘‘ID’’) granting satisfied for the ’373 patent.
prohibiting the importation of certain L- Complainants’ unopposed motion for (3) Reverse the FID’s finding that
tryptophan and L-tryptophan products summary determination that they satisfy claim 10 of the ’373 patent is invalid
that infringe claim 10 of U.S. Patent No. the economic prong of the domestic under 35 U.S.C. 112, second paragraph,
6,180,373 (‘‘the ’373 patent’’) or claim industry requirement under 19 U.S.C. for indefiniteness;
20 of U.S. Patent No. 7,666,655 (‘‘the 1337(a)(3)(A) and (B) for both asserted (4) reverse the FID’s finding that claim
’655 patent’’). The Commission has also patents. See Order No. 18, unreviewed, 10 of the ’373 patent is invalid under 35
issued a cease and desist order directed Comm’n Notice (May 17, 2017). U.S.C. 112, first paragraph, for lack of
to the domestic respondent. The written description;
On August 11, 2017, the ALJ issued (5) affirm the FID’s finding that claim
investigation is terminated. his final initial determination (‘‘FID’’) 10 of the ’373 patent is not invalid
FOR FURTHER INFORMATION CONTACT: finding no violation of section 337. under 35 U.S.C. 112, first paragraph, for
Houda Morad, Office of the General Specifically, the FID finds that: (1) lack of enablement;
Counsel, U.S. International Trade Respondents’ accused products do not (6) affirm the FID’s finding that claim
Commission, 500 E Street SW, infringe the asserted claims of the ’373 10 of the ’373 patent is not invalid
Washington, DC 20436, telephone (202) or the ’655 patents either literally or under 35 U.S.C. 103 for obviousness;
708–4716. Copies of non-confidential under the doctrine of equivalents; (2) (7) affirm in part and reverse in part
documents filed in connection with this claim 10 of the ’373 patent is invalid for the FID’s finding that the accused
investigation are or will be available for indefiniteness and lack of written products do not infringe claim 20 of the
inspection during official business description; (3) claim 20 of the ’655 ’655 patent;
hours (8:45 a.m. to 5:15 p.m.) in the patent is invalid for lack of written (8) reverse the FID’s finding that the
Office of the Secretary, U.S. description; and (4) Complainants’ domestic industry requirement is not
International Trade Commission, 500 E products do not satisfy the technical satisfied for the ’655 patent.
Street SW, Washington, DC 20436, prong of the domestic industry (9) Affirm the FID’s finding that claim
telephone (202) 205–2000. General requirement with respect to the ’655 or 20 of the ’655 patent is not invalid
information concerning the Commission the ’373 patents. In addition, the ALJ under 35 U.S.C. 112, second paragraph,
may also be obtained by accessing its issued a Recommended Determination
sradovich on DSK3GMQ082PROD with NOTICES

for indefiniteness.
internet server at https://www.usitc.gov. (‘‘RD’’) recommending, should the (10) Reverse the FID’s finding that
The public record for this investigation Commission find a section 337 claim 20 of the ’655 patent is invalid
may be viewed on the Commission’s violation, that the Commission issue: (1) under 35 U.S.C. 112, first paragraph, for
electronic docket (EDIS) at https:// A limited exclusion order against lack of written description; and
edis.usitc.gov. Hearing-impaired Respondents’ accused products; and (2) (11) affirm all other findings in the
persons are advised that information on a cease and desist order against FID that are not inconsistent with the
this matter can be obtained by Respondent CJ America. The RD further Commission’s determination.

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60764 Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices

Accordingly, the Commission finds Dated: December 19, 2017. (3) Enhance the quality, utility, and
that there is a violation of section 337 Rebecca A. Womeldorf, clarity of the information to be
with respect to both asserted patents. Rules Committee Secretary. collected; and
The Commission has determined the [FR Doc. 2017–27614 Filed 12–21–17; 8:45 am] (4) Minimize the burden of the
appropriate remedy is a limited BILLING CODE 2210–55–P
collection of information on those who
exclusion order against Respondents’ are to respond, including through the
accused products, and a cease and use of appropriate automated,
desist order against Respondent CJ electronic, mechanical, or other
DEPARTMENT OF JUSTICE
America. The Commission has also technological collection techniques or
determined that the public interest [OMB Number 1122–0011] other forms of information technology,
factors enumerated in subsections e.g., permitting electronic submission of
Agency Information Collection responses.
337(d)(l) and (f)(1) (19 U.S.C. 1337(d)(l),
Activities; Proposed eCollection
(f)(1)) do not preclude issuance of the Overview of This Information
eComments Requested; Extension of a
limited exclusion order and cease and Collection
Currently Approved Collection
desist order. The Commission has
further determined to set a bond at zero AGENCY: Office on Violence Against (1) Type of Information Collection:
(0) percent of entered value during the Extension of a currently approved
Women, Department of Justice.
Presidential review period (19 U.S.C. collection.
ACTION: 30-Day notice. (2) Title of the Form/Collection: Semi-
1337(j)).
SUMMARY: The Department of Justice, Annual Progress Report for Grantees
The Commission’s orders and opinion from the Grants to Support Tribal
Office on Violence Against Women
were delivered to the President and to Domestic Violence and Sexual Assault
(OVW) will be submitting the following
the United States Trade Representative Coalitions Program (Tribal Coalitions
information collection request to the
on the day of their issuance. Program).
Office of Management and Budget
The authority for the Commission’s (OMB) for review and approval in (3) Agency form number, if any, and
determination is contained in section accordance with the Paperwork the applicable component of the
337 of the Tariff Act of 1930, as Reduction Act of 1995. The proposed Department of Justice sponsoring the
amended (19 U.S.C. 1337), and in part information collection was previously collection: Form Number: 1122–0011.
210 of the Commission’s Rules of published in the Federal Register on U.S. Department of Justice, Office on
Practice and Procedure (19 CFR part September 9, 2017, allowing for a 60 Violence Against Women.
210). day comment period. (4) Affected public who will be asked
or required to respond, as well as a brief
By order of the Commission. DATES: Comments are encouraged and
abstract: The affected public includes
Issued: December 18, 2017. will be accepted for 30 days until the 14 grantees from the Tribal
Lisa R. Barton, January 22, 2018. Coalitions Program. The Tribal
Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: Coalitions Program grantees include
[FR Doc. 2017–27567 Filed 12–21–17; 8:45 am] Written comments and/or suggestion Indian tribal governments that will
BILLING CODE 7020–02–P regarding the items contained in this support the development and operation
notice, especially the estimated public of new or existing nonprofit tribal
burden and associated response time, domestic violence and sexual assault
should be directed to Cathy Poston, coalitions in Indian country. These
JUDICIAL CONFERENCE OF THE Office on Violence Against Women, at grants provide funds to develop and
UNITED STATES 202–514–5430 or Catherine.poston@ operate nonprofit tribal domestic
usdoj.gov. Written comments and/or violence and sexual assault coalitions in
Hearings of the Judicial Conference suggestions can also be sent to the Indian country to address the unique
Advisory Committee on the Federal Office of Management and Budget, issues that confront Indian victims. The
Rules of Bankruptcy Procedure Office of Information and Regulatory Tribal Coalitions Program provides
Affairs, Attention Department of Justice resources for organizing and supporting
AGENCY: Advisory Committee on the Desk Officer, Washington, DC 20530 or efforts to end violence against Indian
Federal Rules of Bankruptcy Procedure, sent to OIRA_submissions@ women.
Judicial Conference of the United States. omb.eop.gov. (5) An estimate of the total number of
ACTION: Notice of cancellation of public SUPPLEMENTARY INFORMATION: Written respondents and the amount of time
hearing. comments and suggestions from the estimated for an average respondent to
public and affected agencies concerning respond/reply: It is estimated that it will
SUMMARY: The following public hearing the proposed collection of information take the 14 respondents (grantees from
on proposed amendments to the Federal are encouraged. Your comments should the Tribal Coalitions Program)
Rules of Bankruptcy Procedure has been address one or more of the following approximately one hour to complete a
canceled: Bankruptcy Rules Hearing on four points: Semi-Annual Progress Report. The
January 17, 2018, in Washington, DC. (1) Evaluate whether the proposed Semi-Annual Progress Report is divided
collection of information is necessary into sections that pertain to the different
FOR FURTHER INFORMATION CONTACT:
for the proper performance of the types of activities that grantees may
Rebecca A. Womeldorf, Rules
sradovich on DSK3GMQ082PROD with NOTICES

functions of the agency, including engage in with grant funds. Grantees
Committee Secretary, Rules Committee
whether the information will have must complete only those sections that
Staff, Administrative Office of the
practical utility; are relevant to their activities.
United States Courts, Washington, DC (2) Evaluate the accuracy of the (6) An estimate of the total public
20544, telephone (202) 502–1820. agency’s estimate of the burden of the burden (in hours) associated with the
SUPPLEMENTARY INFORMATION: proposed collection of information, collection: The total annual hour burden
Announcement for this hearing was including the validity of the to complete the data collection forms is
previously published in 82 FR 37610. methodology and assumptions used; 28 hours, that is 14 grantees completing

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Document Created: 2017-12-22 00:34:23
Document Modified: 2017-12-22 00:34:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
FR Citation		82 FR 60763