On April 10, 2015, ALJ Dee Lord issued a Notice Regarding Initial Determination On Violation Of Section 337 And Recommended Determination On Remedy And Bonding in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes For Making Sulfentrazone (Inv. No. 337-TA-914).
By way of background, the investigation is based on a complaint filed by FMC Corp. alleging the violation of Section 337 by Summit Agro USA, LLC, Summit Agro North America, Holding Corporation, Nutrichem Co., Ltd., and Jiangxi Heyi Chemicals Co., Ltd. in the importation into the U.S., sale for importation, or sale after importation of certain sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone that infringe one or more claims of U.S. Patent No. 7,169,952 (the '952 patent). See our March 6, 2014 and April 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. When filing the complaint, FMC moved for temporary relief under subsection (e) of Section 337, which was later denied. See our September 10, 2014 post for more details.
According to the Notice, ALJ Lord determined, inter alia, that no domestic industry exists in the U.S. with respect to the asserted '952 patent and thus there is no violation of Section 337 with respect to the '952 patent.
ALJ Lord's April 10, 2015 notice issued only limited information. We will provide more information after the public version of the Initial Determination issues in its entirety.