On August 11, 2017, ALJ Theodore R. Essex issued a notice of the Initial Determination (“ID”) 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 the notice, ALJ Essex determined:
It is held that no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain L-Tryptophan or L-Tryptophan products by reason of infringement of certain claims of U.S. Patent Nos. 6,180,373; and 7,666,655.