On May 4, 2017, ALJ Theodore R. Essex issued the public version of Order No. 19 (dated April 21, 2017) in Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production (Inv. No. 337-TA-1005).
By way of background, this investigation is based on a May 10, 2016 complaint filed by Ajinomoto Co., Inc. and Ajinomoto Heartland Inc. 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 L-tryptophan and L-tryptophan products that infringe one or more claims of U.S. Patent Nos. 7,666,655 and 6,180,373. See our May 10, 2016 and June 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 19, ALJ Essex denied Respondents CJ CheilJedang Corp., CJ America, Inc., and PT. CheilJedang Indonesia’s (collectively “CJ”) motion to strike portions of the supporting declarations of Complainants Ajinomoto Co., Inc. and Ajinomoto Heartland, Inc.’s (collectively “Ajinomoto”) expert witnesses, Drs. Gregory N. Stephanopoulos and Isodore Rigoutsos. More particularly, ALJ Essex determined that the disputed excerpts from the declarations in question (which were submitted in opposition to certain of CJ’s summary determination motions) were sufficiently supported by Ajinomoto’s prior disclosures to avoid being stricken from the record. However, ALJ Essex further noted that he “will give [the disputed] portions of the declarations appropriately little consideration” because they were largely conclusory and thus “invade the ALJ’s responsibility to apply the facts to the law.”