UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`
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`In the Matter of
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`CERTAIN HUMAN MILK
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`OLIGOSACCHARIDES AND
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`METHODS OF PRODUCING
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`
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`THE SAME
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`Investigation No. 337-TA-1120
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`NOTICE OF COMMISSION DECISION TO EXTEND THE DATE
`FOR DETERMINING WHETHER TO REVIEW A FINAL INITIAL
`DETERMINATION FINDING A VIOLATION OF SECTION 337
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`AGENCY:
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`US. International Trade Commission.
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`ACTION:
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`Notice.
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`SUMMARY: Notice is hereby given that the US International Trade Commission has
`determined to extend until December 11, 2019, the date for determining whether to review a
`final initial determination (“FID”) of the presiding administrative law judge (“ALJ”) findinga
`violation of section 337 of the Tariff Act of 1930, as amended.
`
`FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
`Counsel, US. 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 are or will be available for inspection during official business hours (8:45 am. to
`5:15 pm.) in the Office of the Secretary,,U.S. International Trade Commission, 500 E Street
`SW., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at htth://www.usitc. gov. The
`public record for this investigation may be viewed on the Commission’s electronic docket
`(EDIS) at httQS://edis.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
`21, 2018, based on a complaint, as amended and supplemented, filed on behalf of Glycosyn LLC.
`of Waltham, Massachusetts (“Glycosyn”). See 83 Fed. Reg. 28865 (June 21, 2018). The
`complaint, as amended and supplemented, alleges 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 '
`human milk oligosaccharides by reason of infringement of claims 1-40 of US. Patent No.
`9,453,230 (“the ’230 patent”) and claims 1-28 of US. Patent No. 9,970,018 (“the ’018 patent”).
`See id The notice of investigation named Jennewein Biotechnologie GmbH (“Jennewein”) of
`Rheinbreitbach, Germany as a respondent in this investigation. See id. The Office of Unfair
`Import Investigations (“OUII”) is also named as a party to the investigation. See id.
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`

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`The ALJ conducted an evidentiary hearing on May 14-17, 2019, and on September 9,
`2019, issued the FID finding a Violation of section 337 based on the infringement of claims 1—3,
`5, 8, 10, 12, 18, and 24-28 of the ’018 patent. In addition, the FID finds that the asserted claims
`are neither invalid under 35 U.S.C. §§ 103 and 112, nor unenforceable for inequitable/conduct.
`Furthermore, the FID finds that the domestic industry requirement is satisfied. The FID also
`contains a recommended determination (“RD”) recommending that the Commission issue a
`limited exclusion order (“LEO”) barring entry of articles that infringe the ’018 patent. The RD
`also recommends that the Commission impose a 5% bond during the period of Presidential
`review. Furthermore, as directed by the Commission, the RD provides findings with respect to
`the public interest and recommends that the Commission determine that the public interest
`factors do not preclude entry of the proposed LEO.
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`On September 23, 2019, Jennewein and OUII filed petitions for review of the FID.
`October 1, 2019, Glycosyn and OUII filed responses to Jennewein’s and the IA’s petitions.
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`'On
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`The Commission has determined to extend until December 11, 2019, the date for
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`determining whether to review the FID.
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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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`We
`
`Lisa R. Barton
`Secretary to the Commission
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`_
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`Issued: November 22,‘ 2019
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`

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`CERTAIN HUMAN MILK OLIGOSACCHARIDES AND
`METHODS OF PRODUCING THE SAME
`
`Inv. No. 337-TA-1120
`-
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`PUBLIC CERTIFICATE OF SERVICE
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`1, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Lisa Murray, Esq., and the following parties as
`indicated, on November 22, 2019.
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`Lisa R. Barton, Secretary
`US. International Trade Commission
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`500 E Street, SW, Room 112
`Washington, DC 20436
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`On Behalf of Complainants Glycosyn LLC:
`
`I
`Michael C. Newman, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC
`113F1?ancll\:£f:§firl
`05 on,
`
`[I Via Hand Delivery
`D Via Express Delivery
`El Via First Class Mail
`El Other:
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`On Behalf of Resgondent Jennewein Biotechnologie GmbH:
`
`,
`
`Gary M. Hnath
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`
`.
`
`[3 Via Hand Delivery
`El Via Express Delivery
`Via First Class Mail
`[3 Other:
`
`