On April 9, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914).

The investigation is based on a March 5, 2014 complaint and March 26, 2014 letter clarifying the complaint filed by FMC Corp. of Philadelphia, Pennsylvania (“FMC”) alleging violation of Section 337 in the importation into the U.S. and sale of certain certain sulfentrazone active ingredient and formulated sulfentrazone compositions made by a process that infringes one or more claims of U.S. Patent No. 7,169,952.  See our March 6, 2014 post for more details. 

According to the Notice of Investigation, the Commission has identified Beijing Nutrichem Science and Technology Stock Co., Ltd. of China, Summit Agro USA, LLC of Cary, North Carolina, Summit Agro North America Holding Corp. of New York, New York, and Jiangxi Heyi Chemicals Co. Ltd. of China as the respondents in this investigation.  The Notice of Investigation further indicates that FMC’s motion for temporary relief filed concurrently with the complaint has been provisionally accepted.

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