UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN L-TRYPTOPHAN,
`L -TRYPTOPHAN PRODUCTS,
`AND THEIR METHODS OF
`PRODUCTION
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`Inv. No. 337-TA-1005
`(Rescission)
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`NOTICE OF COMMISSION DETERMINATION TO INSTITUTE
`A RESCISSION PROCEEDING; RESCISSION OF THE REMEDIAL ORDERS;
`TERMINATION OF RESCISSION PROCEEDING
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` U.S. International Trade Commission.
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`Notice.
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`AGENCY:
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined to institute a rescission proceeding and to grant a joint petition to rescind the limited
`exclusion order (“LEO”) and cease and desist order (“CDO”) (collectively, “the remedial
`orders”) issued in the underlying investigation. The rescission proceeding is terminated.
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`FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436,
`telephone (202) 708-4716. Copies of non-confidential documents filed in connection with this
`investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter
`can be obtained by contacting the Commission’s TDD terminal on (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`June 14, 2016, based on a complaint filed by complainants Ajinomoto Co., Inc. of Tokyo, Japan
`and Ajinomoto Heartland Inc. of Chicago, Illinois (collectively, “Ajinomoto”). See 81 FR
`38735-36 (June 14, 2016). The complaint, as supplemented, alleged violations of section 337 of
`the Tariff Act of 1930, as amended (19 U.S.C. 1337) (“section 337”), based upon the importation
`into the United States, the sale for importation, and the sale within the United States after
`importation of certain L-tryptophan, L-tryptophan products, and their methods of production by
`reason of infringement of certain claims of U.S. Patent No. 7,666,655 (“the ’655 patent”) and
`U.S. Patent No. 6,180,373 (“the ’373 patent”). See id. The notice of investigation named CJ
`CheilJedang Corp. of Seoul, Republic of Korea, CJ America, Inc. of Downers Grove, Illinois,
`and PT CheilJedang Indonesia of Jakarta, Indonesia (collectively, “CJ”) as respondents in this
`investigation. See id. The Office of Unfair Import Investigations was not a party to the
`investigation.
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`On December 18, 2017, the Commission issued a final determination finding a violation
`of section 337 with respect to certain tryptophan-producing bacteria strains (“the later strains”),
`but no violation of section 337 with respect to other strains (“the earlier strains”). The
`Commission issued the remedial orders, i.e., an LEO against the infringing articles and a CDO
`against CJ America.
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`On February 16, 2018, Ajinomoto filed an appeal with the United States Court of
`Appeals for the Federal Circuit (“Federal Circuit”) from the Commission’s final determination
`finding no violation of section 337 with respect to the earlier strains. On February 27, 2018, CJ
`also filed an appeal with the Federal Circuit from the Commission’s final determination finding a
`violation of section 337 with respect to the later strains.
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`On May 25, 2018, CJ filed a motion for partial dismissal of the appeal with respect to the
`’373 patent based on expiration of that patent. On June 27, 2018, the Federal Circuit issued an
`order dismissing the appeal with respect to the ’373 patent. On August 6, 2019, the Federal
`Circuit affirmed the Commission’s final determination with respect to the remaining ’655 patent.
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`On June 3, 2022, Ajinomoto and CJ filed a joint petition to rescind the remedial orders
`based on settlement. The petition includes a confidential and public version of the settlement
`agreement and indicates that there are no other agreements, written or oral, express or implied
`between the parties concerning the subject matter of the investigation. No response to the
`petition was filed.
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`Having reviewed the petition and the settlement agreement between Ajinomoto and CJ
`provided therewith, the Commission finds that the conditions which led to the issuance of the
`remedial orders no longer exist, and therefore, granting the joint petition to rescind is warranted
`under section 337(k) (19 U.S.C. 1337(k)). The Commission also finds that the requirements of
`Commission Rule 210.76(a) (19 CFR 210.76(a)) are satisfied. Accordingly, the Commission
`has determined to institute a rescission proceeding and to grant the joint petition to rescind the
`remedial orders. The rescission proceeding is terminated.
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`The Commission vote for this determination took place on July 5, 2022.
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`The authority for the Commission’s determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of
`Practice and Procedure (19 CFR part 210).
`
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`By order of the Commission.
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`
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`Issued: July 5, 2022
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`
`
`Lisa R. Barton
`Secretary to the Commission
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`2
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`CERTAIN L-TRYPTOPHAN, L-TRYPTOPHAN
`PRODUCTS, AND THEIR METHODS OF PRODUCTION
`
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served on the
`following parties, as indicated, on July 5, 2022.
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`Inv. No. 337-TA-1005
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`On Behalf of Ajinomoto Co., Inc. and Ajinomoto Heartland,
`Inc.:
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`Mareesa A. Frederick, Esq.
`FINNEGAN, HENDERSON, FARABOW, GARRETT
` & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`Email: Mareesa.Frederick@finnegan.com
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`On Behalf of CJ CheilJedang Corp., CJ America, Inc., and PT
`CheilJedang Indonesia:
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`Matthew J. Rizzolo, Esq.
`ROPES & GRAY LLP
`2099 Pennsylvania Ave., NW
`Washington, DC 20006
`Email: Matthew.Rizzolo@ropesgray.com
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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