[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