UNITED STATES INTERNATIONAL TRADE COMMISSION
`Y
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN HUMAN MILK
`OLIGOSACCHARIDES ANDMETHODS or
`PRODUCING THE SAME
`
`.
`
`Inv. No. 337-TA-1120
`
`ORDER NO. 4:
`
`REGARDING TARGET DATE, CASE MANAGEMENT
`CONFERENCE, AND PROCEDURAL SCHEDULE
`
`(July 16, 2018)
`
`By publication of a noticc in the Federal Register on Jtme 21, 2018, the U.S. International
`
`Trade Commission ordered that:
`
`(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
`1930, as amended, an investigation be instituted to determine
`whether there is a violation of subsection (a)(1)(B) of section 337
`in the importation into the United States, the sale for importation,
`or the sale within the United States after importation of products
`identified in paragraph (2) by reason of infringement of one or
`more of claims 1-40 of the ’230 patent; and claims 1—28of the
`’018 patent; and whether an industry in the United States exists as
`required by subsection (a)(2) of section 337;
`
`(2) Pursuant to section 2l0.lO(b)(1) of the Commission’s Rules of
`Practice and Procedure, 19 CPR 2l0.lO(b)(l),
`the plain language
`description of the accused products or category of accused
`products, which defines the scope of the investigation, is “2'
`fucosyllactose oligosaccharides”;
`.
`
`83 F.R. 28865 (June 21, 2018).
`
`The complainant in this investigation is Glycosyn LLC ofWa1tham, MA. Id The named
`
`respondent is Jermewein Biotechnologie GmbH of Rheinbreitbach, Germany. Id. The Office of
`
`Unfair Import Investigations is a party in this investigation. Id.
`
`I hereby detennine that the target date for this investigation shall be Monday, October 21,
`
`2019, which is sixteen months from the date that the Notice of Investigation was published in the
`
`l
`
`
`Y
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN HUMAN MILK
`OLIGOSACCHARIDES ANDMETHODS or
`PRODUCING THE SAME
`
`.
`
`Inv. No. 337-TA-1120
`
`ORDER NO. 4:
`
`REGARDING TARGET DATE, CASE MANAGEMENT
`CONFERENCE, AND PROCEDURAL SCHEDULE
`
`(July 16, 2018)
`
`By publication of a noticc in the Federal Register on Jtme 21, 2018, the U.S. International
`
`Trade Commission ordered that:
`
`(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
`1930, as amended, an investigation be instituted to determine
`whether there is a violation of subsection (a)(1)(B) of section 337
`in the importation into the United States, the sale for importation,
`or the sale within the United States after importation of products
`identified in paragraph (2) by reason of infringement of one or
`more of claims 1-40 of the ’230 patent; and claims 1—28of the
`’018 patent; and whether an industry in the United States exists as
`required by subsection (a)(2) of section 337;
`
`(2) Pursuant to section 2l0.lO(b)(1) of the Commission’s Rules of
`Practice and Procedure, 19 CPR 2l0.lO(b)(l),
`the plain language
`description of the accused products or category of accused
`products, which defines the scope of the investigation, is “2'
`fucosyllactose oligosaccharides”;
`.
`
`83 F.R. 28865 (June 21, 2018).
`
`The complainant in this investigation is Glycosyn LLC ofWa1tham, MA. Id The named
`
`respondent is Jermewein Biotechnologie GmbH of Rheinbreitbach, Germany. Id. The Office of
`
`Unfair Import Investigations is a party in this investigation. Id.
`
`I hereby detennine that the target date for this investigation shall be Monday, October 21,
`
`2019, which is sixteen months from the date that the Notice of Investigation was published in the
`
`l
`
`
`
`Federal Register. See 19 C.F.R. § 210.5l(a); 19 C.F.R. § 201.l4(a). Consequently, the final
`
`initial determination will be due by Friday, June 21, 2019. See 19 C.F.R. § 2lO.42(a)(l)(i).
`
`Initial Case Management Conference
`
`.
`
`Pursuant to Ground Rule 6, I will hold the initial case management conference in this
`
`Investigation on Thursday, August 9, 2018 at 10:00 AM. The conference Willbe held
`
`telephonically. Complainant shall be responsible for setting up the teleconference number,
`
`ensuring a court reporter is present to transcribe the call, and filing the transcript of the
`
`teleconference on EDIS. As set forth in Ground Rule 6.3, each party shall file a case
`
`management statement two (2) business days prior to the scheduled initial case management
`
`conference, i.e., on Tuesday, August 7, 2018 by the close of business.
`
`Procedural Schedule
`
`l hereby order that the Procedural Schedule attached hereto as Appendix A is now in
`
`effect. A technology tutorial will commence at 9:00 AM on Monday, October 22, 2018. The
`
`tutorial shall be immediately followed by a Markman hearing, which shall conclude no later than
`
`4:45 PM on Tuesday, October 23, 2018. The pre—hearingconference in this investigation shall
`
`commence at 9:00 AM on Friday, February 22, 2019. Immediately following the pre-hearing
`
`conference, the evidentiary hearing in this investigation shall commence. The hearing shall
`
`conclude no later than Friday, March 01, 2019. The typical hearing day shall be from 9:00 AM
`
`to 4:45 PM, except on Fridays where the hearing day shall end at l 1:45 AM.
`
`The parties shall meet and confer to jointly propose deadlines for those events in the
`
`Procedural Schedule where no deadline is indicated. The parties may also propose additional
`
`2
`
`
`
`deadlines or modifications to the listed deadlines. The parties shall include a proposed joint
`
`procedural schedule at the time they file their initial case management statements.
`
`SO ORDERED.
`
`e%-¢£1Zz,~_
`
`,
`Thomas B. Pender
`Administrative Law Judge
`
`3
`
`
`
`Monday, September 10, 2018
`
`Monday, September 24, 201 8
`Tuesday, October 09, 2018
`
`APPENDIX A
`PROCEDURAL SCHEDULE, INV. NO. 337-TA-1120
`Date
`Event
`Initial Case Management Conference
`Thursday, August 9, 2018
`Deadline for Propounding Ground Rule 6.2 Interrogatories
`File identification of expert Witnesses,including their
`expertise and curriculum vitae
`Deadline for Ground Rule 7.1 Disclosure of Priority Dates
`and Dates of Conception/Reduction to Practice
`Exchange list of claim terms for construction
`Exchange proposed claim constructions
`File joint claim construction chart
`Deadline for Ground Rule 7.2 Disclosure of Products
`First settlement conference
`Submit first settlement conference joint report
`Deadline for Ground Rule 7.3 Disclosure of Domestic
`Industry Contentions
`File initial claim construction briefs
`File reply claim construction briefs
`Deadline for Ground Rule 7.4 Disclosure of Infringement
`Contentions
`Deadline for Ground Rule 7.5 Disclosure of Invalidity
`Contentions
`Teclmical Tutorial
`Markman Hearing Start
`Markman Hearing End
`Issue Order Construing Terms (*tentative date*)
`Fact discovery cutoff and completion
`Second settlement conference
`Submit second settlement conference joint report
`Serve initial expert reports
`Serve rebuttal expert reports
`Deadline for filing summary determination motions
`Expert discovery cutoff and completion
`Third settlement conference ‘
`Submit third settlement conference joint report
`File requests for receipt of evidence without a witness
`Serve proposed exhibit lists
`
`Monday, October 22, 2018
`Monday, October 22, 2018
`Tuesday, October 23, 2018
`Tuesday, November 20, 201 8
`
`Friday, December 21, 2018
`
`
`
`Serve proposed direct exhibits (including witness
`statements), with available proposed physical and
`demonstrative exhibits
`File objections to proposed direct exhibits (including
`witness statements)
`F
`File responses to objections to proposed direct exhibits
`(including Witness statements)
`Serve proposed rebuttal exhibits (including witness
`statements), with available proposed rebuttal physical and
`demonstrative exhibits
`File pre-hearing statements and briefs
`Submit on electronic media proposed direct and proposed
`rebuttal exhibits (including witness statements) with
`available proposed direct and proposed rebuttal physical
`and demonstrative exhibits
`Deadline for filing motions in limine
`File objections to proposed rebuttal exhibits (including
`witness statements)
`’
`File responses to objections to proposed rebuttal exhibits
`(including witness statements)
`File responses to motions in limine
`Pre-hearing conference
`Hearing Start
`Hearing End
`File initial post-hearing briefs addressing issues on which
`the party bears the burden of proof
`File final exhibit lists
`Submit final direct and rebuttal exhibits (including witness
`statements) with direct and rebuttal physical and
`demonstrative exhibits
`File responsive post-hearing briefs
`File reply post-hearing briefs
`Initial Determination Due
`
`Target date for completion of investigation
`
`Friday, January 18, 2019
`
`Friday, January 18, 2019
`Friday, January 25, 2019
`
`Friday, February 08, 2019
`Friday, February 22, 2019
`Friday, February 22, 2019
`Friday, March 01, 2019
`
`Friday, March 15, 2019
`Friday, March 15, 2019
`
`Friday, March 15, 2019
`Friday, March 29, 2019
`Friday, April 05, 2019
`Friday, June 21, 2019
`
`Monday, October 21, 2019
`
`
`
`CERTAIN HUMAN MILK OLIGOSACCHARIDES AND
`METHODS OF PRODUCING THE SAME
`
`INV. NO. R337-TA-1120
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached Order N0. 04 has been served by hand upon
`the Commission Investigative Attorney, Lisa Murray, Esq. and the following parties as
`indicated, on
`||
`6 '
`
`é% ~-—=§
`
`‘_
`
`_
`
`Lisa R. Barton, Secretary
`U.S. Intemational Trade Commission
`500 E Street SW, Room ll2A
`Washington, D.C. 20436
`
`FOR COMPLAINANT GLYCOSYN LLC.
`
`Michael C. Newman, Esq.
`MINTZ LEVIN COI-TNFERRIS GLOVSKY
`AND POPEO PC
`One Financial Center
`Boston, MA. 02111
`
`Via Hand Delivery
`Express Delivery
`Via First Class Mail
`Other:
`
`FOR RESPONDENT JENNEWEIN BIOTECHNOLOGIE GmbH
`
`Gary M. Hnath, Esq.
`MAYER BROWN, LLP
`1999 K Street, NW
`Washington, DC‘ 20006
`
`Via Hand Delivery
`Express Delivery
`Via First Class Mail
`Other:
`
`
`
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