On November 29, 2016, Chief ALJ Charles E. Bullock issued Order No. 4 in 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. 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 and November 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 4, ALJ Bullock set a 17-month target date for completing the investigation which is approximately December 8, 2017.