On November 3, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Food Supplements And Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same (Inv. No. 337-TA-1027).

By way of background, this investigation is based on an October 6, 2016 complaint filed by Kemin Industries, Inc. and Kemin Foods, L.C.—both of Des Moines, Iowa –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 food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,815,955 and 9,226,940. See our October 7, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified OmniActive Health Technologies of India and OmniActive Health Technologies, Inc. of Morristown, New Jersey. In addition, the Notice of Investigation also indicates that the Office of Unfair Import Investigations will not be named as a party to this investigation.

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