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, 14244 [2020-04934]
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14244
Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Notices
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
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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, LTryptophan Products, and Their
Methods of Production, Investigation
No. 337–TA–1005. This investigation
was instituted based on a complaint
lotter on DSKBCFDHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:37 Mar 10, 2020
Jkt 250001
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 nowexpired ’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
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
(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
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1082]
Certain Gas Spring Nailer Products
and Components Thereof; Notice of
Commission Determination Finding a
Violation of Section 337; Issuance of
Limited Exclusion Order and Cease
and Desist Order; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘the Commission’’) has
determined to find a violation of section
337. Specifically, the Commission has
determined to affirm in part, reverse in
part, and modify in part both an initial
determination (‘‘ID’’) and a remand
initial determination (‘‘RID’’) of the
presiding administrative law judge
(‘‘ALJ’’). The Commission has issued a
limited exclusion order (‘‘LEO’’)
directed against infringing gas spring
nailer products and components thereof
of respondent Hitachi Koki U.S.A., Ltd.
(‘‘Hitachi’’) of Braselton, Georgia and a
cease and desist order (‘‘CDO’’) directed
SUMMARY:
E:\FR\FM\11MRN1.SGM
11MRN1
Agencies
[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.
-----------------------------------------------------------------------
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