On September 12, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Krill Oil Products and Krill Meal For Production of Krill Oil Products (Inv. No. 337-TA-1019).

By way of background, this investigation is based on an August 12, 2016 complaint filed by Aker BioMarine Antarctic AS of Norway and Aker BioMarine Manufacturing, LLC of Houston, Texas alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain krill oil products and krill meal for production of krill oil products that infringe one or more claims of U.S. Patent Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and 9,375,453. See our August 17, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following entities as the respondents:

  • Olympic Holding AS of Norway
  • Rimfrost AS of Norway
  • Emerald Fisheries AS of Norway
  • Avoca Inc. of Merry Hill, North Carolina
  • Rimfrost USA, LLC of Merry Hill, North Carolina
  • Rimfrost New Zealand Limited of New Zealand
  • Bioriginal Food & Science Corp. of Canada

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party to this investigation.

Lastly, Chief ALJ Bullock issued a notice indicating that Dee Lord will be the presiding Administrative Law Judge in this matter.