Certain Foundry Coke; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation and To Terminate the Investigation as to Certain Claims
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (O...
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 10) granting Complainants' motion to amend the Complaint and Notice of Investigation to assert claims 1-5 and 7-13 of U.S. Patent No. 12,600,915 (“the '915 patent”) against Respondents MTX Group a.s., OKK Koksovny, a.s., METALIMEX a.s., METALIMEX Deutschland GmbH, and AMEX Coal Sp. z o.o. (collectively, “MTX Group”), and Complainants' motion to terminate the investigation as to all asserted claims of U.S. Patent No. 12,331,367 (“the '367 patent”) with respect to all Respondents.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at
edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the Commission may also be obtained by accessing its internet server at
www.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 this investigation on July 20, 2026, based on a complaint filed on behalf of SunCoke Technology and Development LLC and Jewell Coke Company L.P. (collectively, “SunCoke”), both of Lisle, Illinois. 91 FR 45,282-283 (July 20, 2026). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foundry coke by reason of the infringement of certain claims of the '915 patent and the '367 patent. The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The Commission's notice of investigation names the following seven (7) respondents: MTX Group, a.s. of Prague, Czech Republic; OKK Koksovny, a.s. of Ostrava-Přívoz, Czech Republic; METALIMEX a.s. of Prague, Czech Republic; METALIMEX Deutschland GmbH of Duisburg, Germany; AMEX Coal Sp. z o.o. of Sopot, Poland; Italiana Coke S.r.l. of Genova, Italy; and Terminal Alti Fondali Savona S.r.l. of Savona, Italy. The Office of Unfair Import Investigations is not named as a party in this investigation.
On September 21, 2026, SunCoke filed a motion to amend the Complaint and Notice of Investigation to assert claims 15 and 7-13 of the '915 patent against Respondents MTX Group and to terminate this investigation in part as to all asserted claims of the '367 patent with respect to all Respondents. No party opposed the motion.
On October 5, 2026, the ALJ issued the subject ID (Order No. 10) granting SunCoke's motion to amend the Complaint and Notice of Investigation to add allegations of infringement of claims 1-5 and 7-13 of the '915 patent against MTX Group and to terminate the investigation in part as to all asserted claims of the '367 patent with respect to all Respondents. The ID found SunCoke demonstrated good cause for amending the Complaint and Notice of Investigation and SunCoke's proposed amendments will not prejudice the public interest or the rights of the parties participating in this investigation. ID at 4. The ID also found the motion is unopposed, complies with the Commission's Rules, and that there are no extraordinary circumstances that prevent terminating the investigation as to all asserted claims of the '367 patent.
Id.
at 4-5. No petitions for review were filed.
The Commission has determined not to review the subject ID. The Notice of Investigation shall be amended to add allegations of infringement as to claims 1-5 and 7-13 of the '915 patent against MTX Group. Moreover, all claims, including claims 1-4, 7-10, 12, and 14-21, of the '367 patent are hereby terminated from the investigation.
The Commission vote for this determination took place on November 4, 2026.
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.
Use this for formal legal and research references to the published document.
91 FR 70896
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Foundry Coke; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation and To Terminate the Investigation as to Certain Claims,” thefederalregister.org (November 9, 2026), https://thefederalregister.org/documents/2026-22730/certain-foundry-coke-notice-of-a-commission-determination-not-to-review-an-initial-determination-granting-complainants-m.
edis.usitc.gov
www.usitc.gov
19 U.S.C. 1337
19 CFR part 210