On January 27, 2017, ALJ Theodore R. Essex issued Order No. 5 in Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same (Inv. No. 337-TA-1030).

By way of background, this investigation is based on an October 26, 2016 complaint filed by Celanese International Corp. of Irving, Texas, Celanese Sales U.S. Ltd. of Irving, Texas, and Celanese IP Hungary Bt of Hungary 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 high-potency sweeteners and products containing same that infringe, or are made by a process that infringes, one or more claims of U.S. Patent No. 9,024,016. See our October 28, 2016 and November 23, 2016 posts for more details on the complaint and Notice of Investigation.

According to Order No. 5, ALJ Essex set the procedural schedule for the investigation. Specifically, ALJ Essex determined, inter alia, that the evidentiary hearing will commence on August 28, 2017 and conclude on September 1, 2017; and the initial determination shall be issued no later than November 28, 2017.